Information You Should Know

General Disclosures

This document may include forward-looking statements. All statements other than statements of historical fact are forward-looking statements (including words such as “believe,” “estimate,” “anticipate,” “may,” “will,” “should,” and “expect”). Although we believe that the expectations reflected in such forward-looking statements are reasonable, we can give no assurance that such expectations will prove to be correct. Various factors could cause actual results or performance to differ materially from those discussed in such forward-looking statements.”

“Historical performance is not indicative of future results. The investment return will fluctuate with market conditions.”

“Performance is not indicative of any specific investment or future results. Views regarding the economy, securities markets or other specialized areas, like all predictors of future events, cannot be guaranteed to be accurate and may result in economic loss to the investor. Investment in securities, including mutual funds, involves the risk of loss.”

Descriptions/Disclosures

The S&P 500 Index (S&P) has been used as a comparative benchmark because the goal of the above account is to provide equity-like returns. The S&P is one of the world’s most recognized indexes by investors and the investment industry for the equity market. The S&P, however, is not a managed portfolio and is not subject to advisory fees or trading costs. Investors cannot invest directly in the S&P 500 Index. The S&P returns also reflect the reinvestment of dividends. Berkshire Money Management is aware of the benchmark comparison guidelines set forward in the SEC Clover No-Action Letter (1986) and compares clients’ performance results to a benchmark or a combination of benchmarks most closely resembling clients’ actual portfolio holdings. However, investors should be aware that the referenced benchmark funds may have a different composition, volatility, risk, investment philosophy, holding times, and/or other investment-related factors that may affect the benchmark funds’ ultimate performance results. Therefore, an investor’s individual results may vary significantly from the benchmark’s performance.

The S&P 500 Index (S&P) has been used as a comparative benchmark because the goal of the above account is to provide equity-like returns. The S&P is one of the world’s most recognized indexes by investors and the investment industry for the equity market. The S&P, however, is not a managed portfolio and is not subject to advisory fees or trading costs. Investors cannot invest directly in the S&P 500 Index. The S&P returns also reflect the reinvestment of dividends.

The Dow Jones Industrial Average (NYSE: DJI, also called the DJIA, Dow 30, INDP, or informally the Dow Jones or The Dow) is one of several stock market indices, created by nineteenth-century Wall Street Journal editor and Dow Jones & Company co-founder Charles Dow. The Dow average is computed from the stock prices of 30 of the largest and most widely held public companies in the United States. Clients of BMM may have portfolios that differ substantially from the composition of the DOW and therefore, their performance may vary significantly from that of the Dow. The Dow is used for illustrative purposes only, as one indicator of the overall US economy, and its past, present, or future performance should not be viewed as an indicator or comparison point for BMM client performance.

Links & Websites

Berkshire Money Management, Inc. is not the author and neither approves nor disapproves any website that is linked through this browser. Furthermore, Berkshire Money Management, Inc. has not independently verified and thus is not responsible for content presented therein. BMM neither endorses nor makes warranty for information, accuracy, content or presentation of the site or sites in question.

Reprinted Articles

Berkshire Money Management, Inc.” is not the author and neither approves or disapproves any unaffiliated reprinted article content that accompanies this correspondence. Furthermore, Berkshire Money Management, Inc. has not independently verified and thus is not responsible for content presented therein. BMM neither endorses nor makes warranty for information, accuracy, content or presentation of the reprinted articles in question.

Privacy Policy

June/2009

Protecting the Confidentiality and Security of Your Nonpublic Personal Information

Berkshire Money Management, Inc.’s primary client goal is to protect your privacy.

We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products and services to you or to those who need access to your information to service your account. We maintain physical, electronic, and procedural safeguards that comply with federal and/or state standards to guard your nonpublic personal information.

Information We Collect

To conduct regular business, we collect nonpublic personal information about you from the following sources:

Information we receive from you on Investor Profile Questionnaires and other forms
Information about your transactions with us, our affiliates, or others

Information We Disclose

We do not disclose any nonpublic personal information about our clients or former clients to anyone, except as required by law.

Important Privacy Choices for California Consumers

You have the right to control whether we share some of your personal information. Please read the following information carefully before you make your choices below.

Your Rights

You have the following rights to restrict the sharing of personal and financial information with our affiliates (companies we own or control) and outside companies that we do business with.

Nothing in this form prohibits the sharing of information necessary for us to follow the law, as permitted by law, or to give you the best service on your accounts with us. This includes sending you information about some other products or services.

Your Choices

Restrict Information Sharing With Companies We Own or Control (Affiliates):

Unless you say “No,” we may share personal and financial information about you with our affiliated companies.
(_) NO, please do not share personal and financial information with your affiliated companies.

Restrict Information Sharing With Other Companies We Do Business With To Provide Financial Products And Services:

Unless you say “No,” we may share personal and financial information about you with outside companies we contract with to provide financial products and services to you.

(_) NO, please do not share personal and financial information with outside companies you contract with to provide financial products and services.

Time Sensitive Reply

You may make your privacy choice(s) at any time. Your choice(s) marked here will remain unless you state otherwise. However, if we do not hear from you we may share some of your information with affiliated companies and other companies with whom we have contracts to provide products and services.

To exercise your choices do [one of] the following:

(1) Fill out, print your name and address, sign and send back this form to us (you may want to make a copy for your records); [#1 is mandatory]
[(2) Call this toll-free number (888) 232-6072 [optional]
[(3) Reply electronically by contacting us through the following Internet option: www.berkshiremm.com] [optional]

Terms of Use

Berkshire Money Management, Inc. monitors this web site for security purposes to ensure it remains available to all users and for the purpose of protecting information in the system. By accessing this web site you are consenting to these monitoring activities.

Unauthorized attempts to defeat or circumvent security features; to use the system for other than intended purposes; to deny service to authorized users; to access, obtain, alter, damage or destroy information or interfere with the system or its operation in any other manner is prohibited. Evidence of such acts may be disclosed to law enforcement authorities and may result in criminal prosecution.

Berkshire Money Management, Inc. does not approve any website that is linked through this browser. Furthermore, Berkshire Money Management, Inc. is not responsible for content, and neither endorses nor makes warranty for information, accuracy, content or presentation of the site or sites in question.