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Wall Street Oasis » Blogs » TheKing's blog
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Apple - $270 a Share?
 

TheKing's picture
TheKing
      O
 
 
(Senior Neanderthal, 5,169
 
Points)
 on 12/18/12 at 3:30pm
Apple $270

In light of Eddie's recent post on Apple dipping below $500 a share, I thought I'd share an uber-bearish piece on Apple from Bloomberg Businessweek.

In short, a sell-side Analyst from Toronto-based ACI Research believes that Apple is headed to $270 a share in the next twelve months.

Is this complete hyperbole or is his rationale grounded in reality? Let's have a quick look.

The Analyst in question, Edward Zabitsky, is ranked as analyst tracking firm StarMine’s top semiconductor and semi-equipment stockpicker. So, he's not some sort of disgruntled "Analyst" writing angry soliloquies, though he's also not ranked for his ability to judge consumer electronics companies.

Anyway, Mr. Zabitsky's rationale boils down to four points:

  • Competition from Microsoft stemming from a belief that Microsoft can continue to dominate in the workplace and extend that dominance into the home and tablet market
  • Competition from Samsung stemming from the meteoric rise of the Galaxy SIII and Galaxy Note II smart phones and their dominance in the Android market
  • Web Apps gaining in popularity compared to Apps purchased through Apple's ecosystem
  • Faltering leadership since the death of Steve Jobs

Frankly, the only real point I agree with him on is competition from Samsung.

I don't see Microsoft making any serious threatening inroads into the Tablet market with the Surface and they're still having trouble gaining traction with their smart phone software. And, even if you want to argue that their new leadership isn't capable of leading ground-breaking innovation on the same level as Jobs, it's still tough to argue that the company is on a road to losing almost 50% of its market value in just one year.

What do you guys think? Any other super bears on Apple? Or, is this guy a total crank?

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Comments

mikesswimn's picture

I'm pretty bearish on Apple

mikesswimn
      O
 
 
(Senior Gorilla, 940
 
Points)
 on 12/18/12 at 4:05pm

I'm pretty bearish on Apple but goddamn, $270?!?! Maybe over the next few years, sure, as I agree strongly with Zabitsky on the loss of Steve Jobs will end up being a big problem, but within one year? I don't think so, if for no other reason than $29,129,000,000 in cash & equivalents and short term investments on hand (with about a billion with Braeburn) can do wonders for your stock price if it's put to use (and if you have nothing better to do with it) keeping it above $300.

"My caddie's chauffeur informs me that a bank is a place where people put money that isn't properly invested."

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MFFL's picture

I'm bullish on Apple, but I

MFFL
      ER
 
 
(Senior Baboon, 213
 
Points)
 on 12/18/12 at 4:13pm

I'm bullish on Apple, but I feel like the idea that their cash position is buoying their share price doesn't add up. They have $29 billion in cash if you include short term investments, but that still only translates to $30 a share. Which seems like a lot, but for a stock currently trading at $530 it isn't much at all.

"Well that's even more than less than unhelpful." - Jack Sparrow

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joey joe joe shabadoo's picture

TheKing: Anyway, Mr.

joey joe joe sh...
      AM
 
(Monkey, 57
 
Points)
 on 12/18/12 at 4:17pm
TheKing:

Anyway, Mr. Zabitsky's rationale boils down to four points:

  • Competition from Microsoft stemming from a belief that Microsoft can continue to dominate in the workplace and extend that dominance into the home and tablet market

Aren't the Surface sales dismal so far? Has MSFT released actual numbers? I see Samsung and Google as much more competition than Microsoft...

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In reply to MFFL
mikesswimn's picture

MFFL: I'm bullish on Apple,

mikesswimn
      O
 
 
(Senior Gorilla, 940
 
Points)
 on 12/18/12 at 4:18pm
MFFL:

I'm bullish on Apple, but I feel like the idea that their cash position is buoying their share price doesn't add up. They have $29 billion in cash if you include short term investments, but that still only translates to $30 a share. Which seems like a lot, but for a stock currently trading at $530 it isn't much at all.

$29 billion in cash and short term investments is a monsterous amount of money. But, is their hoard buoying their share price? I'd agree with you, probably not, but if they wanted to use that cash to get the share price up if it's dropping - or something along those lines - they have more then enough on hand.

"My caddie's chauffeur informs me that a bank is a place where people put money that isn't properly invested."

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ladubs111's picture

if you add their off shore

ladubs111
      IA
 
(Senior Orangutan, 436
 
Points)
 on 12/18/12 at 4:55pm

if you add their off shore cash its about 120+ billion cash. They earn about $1 bil a year on interest from their cash last fiscal year.

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In reply to MFFL
DontMakeMeShortYou's picture

MFFL: I'm bullish on Apple,

DontMakeMeShortYou
      HF
 
 
(King Kong, 1,977
 
Points)
 on 12/18/12 at 4:58pm
MFFL:

I'm bullish on Apple, but I feel like the idea that their cash position is buoying their share price doesn't add up. They have $29 billion in cash if you include short term investments, but that still only translates to $30 a share. Which seems like a lot, but for a stock currently trading at $530 it isn't much at all.

You're exactly right. I hate when people tell me company ABC has $x billion of cash. It means nothing unless expressed on a per share basis, or even better, as a % of the market cap. Investors also typically don't give a fuck about cash unless they think they can get their hands on it.

See my WSO Blog

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In reply to ladubs111
DontMakeMeShortYou's picture

ladubs111: if you add their

DontMakeMeShortYou
      HF
 
 
(King Kong, 1,977
 
Points)
 on 12/18/12 at 4:59pm
ladubs111:

if you add their off shore cash its about 120+ billion cash. They earn about $1 bil a year on interest from their cash last fiscal year.

That's about ~2% of their earnings. It means nothing. + you can't repatriate that cash without taking a 35% cut. They're not going to do that unless there's a tax holiday.

See my WSO Blog

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f4tality's picture

I think there is a clear

f4tality
     
 
(Baboon, 131
 
Points)
 on 12/18/12 at 5:07pm

I think there is a clear tendency for sell-side analysts to hyperbole, specially if he doesn't come from a big name bank or research house. I remember we had a couple of sell-side analysts (one used to be fairly well known) doing presentations at my school, and they were telling us how you have to be pretty much all-in on your calls and all white or all black. Their rationale was that if you say something in the consensus you're not adding any value to the buy-side and no hf guys are going to want to talk to you. So you basically have to force the trait in your calls to get their attention. I'm sure if his life depended on it he wouldn't make that call (or at least that price target) as it doesn't make any sense.

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In reply to mikesswimn
ct banker's picture

mikesswimn: I'm pretty

ct banker
     
 
(Orangutan, 320
 
Points)
 on 12/18/12 at 5:05pm
mikesswimn:

I'm pretty bearish on Apple but goddamn, $270?!?! Maybe over the next few years, sure, as I agree strongly with Zabitsky on the loss of Steve Jobs will end up being a big problem, but within one year? I don't think so, if for no other reason than $29,129,000,000 in cash & equivalents and short term investments on hand (with about a billion with Braeburn) can do wonders for your stock price if it's put to use (and if you have nothing better to do with it) keeping it above $300.

If you look at total cash, including offshore cash its a little over $120 Billion dollars. even with getting taxed on that it would still be a little over 90B total.

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DontMakeMeShortYou's picture

TheKing: In light of Eddie's

DontMakeMeShortYou
      HF
 
 
(King Kong, 1,977
 
Points)
 on 12/18/12 at 5:06pm
TheKing:

In light of Eddie's recent post on Apple dipping below $500 a share, I thought I'd share an uber-bearish piece on Apple from Bloomberg Businessweek.

In short, a sell-side Analyst from Toronto-based ACI Research believes that Apple is headed to $270 a share in the next twelve months.

Is this complete hyperbole or is his rationale grounded in reality? Let's have a quick look.

The Analyst in question, Edward Zabitsky, is ranked as analyst tracking firm StarMine’s top semiconductor and semi-equipment stockpicker. So, he's not some sort of disgruntled "Analyst" writing angry soliloquies, though he's also not ranked for his ability to judge consumer electronics companies.

Anyway, Mr. Zabitsky's rationale boils down to four points:

  • Competition from Microsoft stemming from a belief that Microsoft can continue to dominate in the workplace and extend that dominance into the home and tablet market
  • Competition from Samsung stemming from the meteoric rise of the Galaxy SIII and Galaxy Note II smart phones and their dominance in the Android market
  • Web Apps gaining in popularity compared to Apps purchased through Apple's ecosystem
  • Faltering leadership since the death of Steve Jobs

Frankly, the only real point I agree with him on is competition from Samsung.

I don't see Microsoft making any serious threatening inroads into the Tablet market with the Surface and they're still having trouble gaining traction with their smart phone software. And, even if you want to argue that their new leadership isn't capable of leading ground-breaking innovation on the same level as Jobs, it's still tough to argue that the company is on a road to losing almost 50% of its market value in just one year.

What do you guys think? Any other super bears on Apple? Or, is this guy a total crank?

1) Surface and Windows 8 have been a disaster.

2) Agree that there's competition. I don't think it's a big deal. Plus, it's not like AAPL was previously operating as a monopoly... On the other hand, they had low 20s % share of the smartphone market last year and are up to ~48% this year (U.S. only)... as a bull I would be concerned about what their terminal % share will be. We know the smartphone market continues to grow robustly, so there will be that secular trend, but really the question is how much share they can take

Also... international opportunity? It's a pretty big deal for these guys.

3) Web apps are still a tiny %. Won't make a dent any time soon. Stupid argument. Data suggests that their app store is still doing phenomenally well.

270? The stock is already at 9x FY13 earnings. It's worth 4.5x (assuming #s stay the same... after this round of estimate cuts, don't see them going down much further)? Get the fuck out of here.

See my WSO Blog

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In reply to DontMakeMeShortYou
Cookies With Milken's picture

1) Surface and Windows 8 have

Cookies With Milken
      O
 
(Gorilla, 568
 
Points)
 on 12/18/12 at 5:23pm

1) Surface and Windows 8 have been a disaster.

Surface sales numbers haven't been released yet. No one but M$ knows. Not many people have upgrade from 7 to 8 and those who did got it at $40 or so. Doubt M$ made much on those sales. Most sales of 8 are coming from new computer sales. Really depends how the ultrabook market does this quarter. In the long run I see 8 being a failure but it is still too early to tell.

Everyone is ignoring the main reason why the apple kool-aid doesn't taste as good as it used to. Consumers are getting over the marketing hype. People are starting to wake up that an $800 premium on a laptop with the same internals as any other PC isn't worth it. Apple blew up because they somehow turned technology into a fashion / status symbol. People are just giving less of a shit as each day goes by, or until apple releases something new.

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grosse's picture

I am neither long nor short,

grosse
      HF
 
 
(Orangutan, 322
 
Points)
 on 12/18/12 at 5:31pm

I am neither long nor short, but wouldn't buy it now simply on the momentum.

My fundamental concern is that I've seen this story with AAPL before.

The first computers in my house and in my middle school were from Apple. It had a better OS but was more pricey than PC alternatives. Apple also kept a closed system which eventually killed them. As PC prices fell and stemmed Apple's fantastic growth, software developers were left with the choice of making programs / games for the huge / growing PC market, or Apple's niche. Once competitive PC products were seen as "just as good, but cheaper", consumers bought PCs in droves and AAPL became synonymous with artists and graphics designers.

Is this the same story over again?

People buy Apple products b/c they are "the best" even though they are more expensive. Android, MS have or are catching up (Android most popular phone OS). Again, it's a closed system.

Not that Apple has hit the tipping point yet, but if they can't continue to innovate / excite (no more Steve Jobs), much cheaper but "nearly as good" products running Android/Windows will take share. Then it's a death spiral again as developers focus their attention on the better ecosystems.

That of course is overly dramatic, but you can see how quickly hot operating systems die by looking at NOK and RIMM.

So then you get into investor psychology - 9x EPS is the market, so what changes to create incremental buyers? You'd need to have major concerns alleviated.

Barclay's put out a note recently with the top 8 concerns:
1. LT margins have weakened - structural or passing?
2. Competition for iPhone - Android has caught up in quality and at lower price
3. Competition for iPad - low priced tablets from AMZN, GOOG, Samsung
4. No "next big thing" - TV not coming, no new categories for AAPL to enter
5. Concerns over maps - standard of quality/excellence has declined
6. Mgmt changes - internal discord, dislike of Cook
7. Production Excellence - product shortages create opportunities for others
8. Execution risks in vertical integration

1, 2, 3 - no question that competition is here to stay and you are VERY unlikely to see AAPL return to market shares seen before everyone else jumped in.
4 - maybe people can get excited here with Apple TV if it does exist, but I'd be a lot more confident if Jobs were still around. Imagine if Apple TV is a flub.
5 - not my biggest concern
6 - Cook needs to show AAPL can innovate without Jobs
7 & 8 - not the biggest drivers of the stock.

Just my thoughts.

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In reply to Cookies With Milken
DontMakeMeShortYou's picture

Cookies With Milken: Everyone

DontMakeMeShortYou
      HF
 
 
(King Kong, 1,977
 
Points)
 on 12/18/12 at 5:32pm
Cookies With Milken:

Everyone is ignoring the main reason why the apple kool-aid doesn't taste as good as it used to. Consumers are getting over the marketing hype. People are starting to wake up that an $800 premium on a laptop with the same internals as any other PC isn't worth it. Apple blew up because they somehow turned technology into a fashion / status symbol. People are just giving less of a shit as each day goes by, or until apple releases something new.

People less willing to pay a premium? Where are you getting this info?? AAPL continues to gain share and sell a shitload of hardware despite relatively minor product improvements. As far as I can tell, people are more willing to shell out a premium for AAPL's mediocre hardware today than ever before in history. They DOUBLED their market share in smartphones year over year. That doesn't tell me that "people are waking up."

Disclosure: I'm neither long nor short AAPL. I don't cover it. I also don't plan on doing anything with the stock.

See my WSO Blog

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leveredarb's picture

does this guy even have a

leveredarb
     
 
(King Kong, 1,263
 
Points)
 on 12/18/12 at 5:58pm

does this guy even have a short position on?

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In reply to DontMakeMeShortYou
Cookies With Milken's picture

DontMakeMeShortYou: Cookies

Cookies With Milken
      O
 
(Gorilla, 568
 
Points)
 on 12/18/12 at 6:16pm
DontMakeMeShortYou:
Cookies With Milken:

Everyone is ignoring the main reason why the apple kool-aid doesn't taste as good as it used to. Consumers are getting over the marketing hype. People are starting to wake up that an $800 premium on a laptop with the same internals as any other PC isn't worth it. Apple blew up because they somehow turned technology into a fashion / status symbol. People are just giving less of a shit as each day goes by, or until apple releases something new.

People less willing to pay a premium? Where are you getting this info?? AAPL continues to gain share and sell a shitload of hardware despite relatively minor product improvements. As far as I can tell, people are more willing to shell out a premium for AAPL's mediocre hardware today than ever before in history. They DOUBLED their market share in smartphones year over year. That doesn't tell me that "people are waking up."

Disclosure: I'm neither long nor short AAPL. I don't cover it. I also don't plan on doing anything with the stock.

The premiums I was referring to were in regards to laptop and desktop computers. Smart phones is another game entirely.

http://thenextweb.com/apple/2012/10/25/thanks-to-i...

1% increase in computer sales over the year.

http://www.netmarketshare.com/operating-system-mar...

3% mac OS market share for laptop and desktop computers.

Those numbers are positive, but not positive enough to sustain its ~$600 share price. Apple is overvalued imho. You could say that the iphone is whats been keeping apple so hot over the years and you would be correct. The risk is that this massive tech company has all their eggs in the iphone basket. The smart phone market is new, rapidly growing and more competition is entering the market every day. Personally, if I were to invest in apple I would want to see growth across the board and not just in sales of electronic devices that consumers may replace in 1-2 years in favor of the competitions.

In regards to the M$ Apple comparison. M$ is diversified like a mofo. Phone, tablet, OS, enterprise software, search engine, mail service, web browser, xbox etc.

As far as phones go, every day google is improving android and samsung readies another flagship monster galaxy phone. The open ecosystem of the android app store allows for more programs to be added and quicker than apple's closed ecosystem and tight controlled app store guidelines for developers.

Apple takes a ~30% cut of the revenue from an app sold from the store as does google. Google's ecosystem encourages growth in its app store from its semi hands off approach and less red tape than apple. The android app store is programmer friendly in that regard. Downside is that android apps are coded in java while ios apps are coded in C which is more well known.

Employees of facebook and other companies are being advised to use a windows phone or android phone for personal use to familiarize themselves with the new devices. Market share those products have been enjoying constant growth.

I'm rambling and don't want to proof read.

tldr - Apple is facing increased competition across the board. Apple has most of their eggs in the fickle and young smart phone market. Samsung and Google are releasing impressive tech and software every day that currently trumps apples offerings while releasing hundreds of variations of phones throughout the year with constant hardware refreshes. Google play store will grow faster than apple store because there is less red tape - google and apple take the same cut from developers for apps sold.

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Saul_Villa's picture

The problem with Apple atm is

Saul_Villa
     
 
(Senior Monkey, 68
 
Points)
 on 12/18/12 at 6:09pm
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ricky212's picture

This seems a little

ricky212
      ST
 
(Orangutan, 371
 
Points)
 on 12/18/12 at 6:17pm

Because when you're in a room full of smart people, smart suddenly doesn't matter—interesting is what matters.

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In reply to Cookies With Milken
DontMakeMeShortYou's picture

Cookies With

DontMakeMeShortYou
      HF
 
 
(King Kong, 1,977
 
Points)
 on 12/18/12 at 6:26pm

See my WSO Blog

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In reply to DontMakeMeShortYou
ladubs111's picture

DontMakeMeShortYou: Cookies

ladubs111
      IA
 
(Senior Orangutan, 436
 
Points)
 on 12/18/12 at 6:33pm
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In reply to Cookies With Milken
Amphipathic's picture

Cookies With

Amphipathic
     
 
(Senior Gorilla, 833
 
Points)
 on 12/18/12 at 6:48pm
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JasonLoh's picture

Well, I think it is more

JasonLoh
      ER
 
(Senior Baboon, 217
 
Points)
 on 12/18/12 at 8:58pm
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JasonLoh's picture

Therefore, I am rather

JasonLoh
      ER
 
(Senior Baboon, 217
 
Points)
 on 12/18/12 at 9:00pm
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blackrainn's picture

If only Samsung / Sony /

blackrainn
      O
 
(Orangutan, 354
 
Points)
 on 12/18/12 at 9:05pm
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EfferCore's picture

Hardware is a down and to

EfferCore
     
 
(Monkey, 60
 
Points)
 on 12/18/12 at 9:51pm
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In reply to ct banker
mikesswimn's picture

ct banker: mikesswimn: I'm

mikesswimn
      O
 
 
(Senior Gorilla, 940
 
Points)
 on 12/19/12 at 6:58am

"My caddie's chauffeur informs me that a bank is a place where people put money that isn't properly invested."

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sdb5057's picture

Jobs was the glue that kept

sdb5057
     
 
(Senior Monkey, 85
 
Points)
 on 12/19/12 at 9:32am
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In reply to mikesswimn
ct banker's picture

mikesswimn: ct

ct banker
     
 
(Orangutan, 320
 
Points)
 on 12/19/12 at 12:15pm
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senoralpha's picture

This thread is ridiculous.

senoralpha
     
 
(Chimp, 11
 
Points)
 on 1/1/13 at 8:32pm

Ordering a salad at McDonalds is like paying a hooker for a hug.

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Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses.

The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

  • Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
  • Taking any action which imposes an unreasonable or disproportionately large load on this Web Site?s infrastructure.
  • If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
  • Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
  • Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
  • Framing of or linking to any of the materials or information available from the Web Site.

User Information.

When you register for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy below for further details regarding your Information.

Registration and Password.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

The Company's Liability.

As a condition to your use of this site, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. By its very nature, other people?s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site.

The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

You acknowledge and agree that you are solely responsible for the content and accuracy of any resume or material contained therein placed by you on the Web Site and you agree to let any users that are identified as recruiters (designated in the sole discretion of the Company) to have access to your resume.

The Company is not to be considered to be an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Web Site.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites.

The Web Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Term of Use. You also agree not to make any unauthorized commercial use of the Web Site.

Limitation of Liability.

The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $1.

Termination.

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.

Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

General.

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York, New York. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site a particular "Legal Notice," or Software License or Material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

PRIVACY POLICY

The Company recognizes that you are concerned about privacy. We are committed to preserving your privacy and safeguarding your sensitive information. The following statement describes the general information-gathering and usage practices of our sites.

Our staff, contractors, Internet service providers and others involved in this site follow this policy or similarly strict policies regarding your Information.

Disclosure

The Company is committed to fully disclosing our policies regarding the collection, use, maintenance, disclosure and security of personal information obtained from users of our site. The term "personal information" includes a name, address, email address, or any other information which could be used to contact you directly or to identify you personally.

Use and Disclosure Limitations

The Company only uses personal information about its Web site users for specific purposes. We do not share user information with third parties except when we have told users about the disclosures, when we have prior consent, or when required by law.

Use Policy: When the Company gathers personal information from users, we ask for permission first. We also disclose, at the time of collection, how the information will be used by us. Personal information is used for activities such as auto-completion of commonly-used forms and helping us contact you when you solicit information from us.

Disclosure Policy: We do not normally disclose personal information to anyone outside of the Company unless we have previously informed users about the disclosures. However, some data may be used from time to time by outside contractors, including auditors or consultants, to assist us in carrying out necessary financial or operational activities. These uses will be consistent with this privacy policy and all contractors using this potential personal information must agree to safeguard it, to use it only for the authorized purpose, and to return it or destroy it upon completion of the activity.

The Company might be required to disclose personal information in response to a valid legal process such as a subpoena, search warrant or court order.

Although unlikely, it is possible that we may have to make certain disclosures to ensure the security of our Web site, to protect its integrity, or to take precautions against potential liability. In any of these situations, we will take any reasonable steps to limit the scope of the data disclosed.

Web Logs: The Company maintains standard Web logs that record basic information about visitors to our Web site. These logs contain: * The Internet domain from which you came to our Web site. * Your IP address. An IP address is a series of numbers which uniquely identifies your connection to the Internet. Although it is possible in some instances, certain types of IP addresses may be used by interested persons to identify users but we do not attempt to identify users in this way. * The type of browser (e.g., Internet Explorer or Netscape) and operating system (e.g., Windows 98) you use. * The date and time you visited the site, and the pages you saw.

We use Web log information to design our Web site, identify popular features, and in similar ways. We do not try to identify individuals from Web logs or to link Web logs to other user information. However, if someone tries to damage our Web site or use it in an unauthorized or illegal way, we may share Web log information with law enforcement agencies. The Company may provide aggregate information such as the number of users who visit particular pages of the site, or the number of people who link to certain external sites from our site, to other parties.

Changes to Privacy Policy

The Company's features and services will change over time and our information-gathering practices and policies may also change.

While our philosophy of protecting user information from inappropriate uses and disclosures will not change, this policy will be updated occasionally to include any change that materially affects the collection, maintenance, use, or disclosure of personal information.

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<em>Mod note: make sure to see the great comment below by CompBanker</em> I come from a small town where nobody had ever heard of consulting or IB. I was fortunate enough to attend a top target college (a good Ivy) and land a gig in IB at a BB/EB. I'm starting full time this...
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