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Wall Street Oasis » Blogs » Edmundo Braverman's blog
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Broker's Life Ruined by One Oxycontin Pill
 

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Edmundo Braverman's picture
Edmundo Braverman
      ST
 
 
(Human, 14,705
 
Points)
 on 8/9/12 at 7:30am
jail.jpg

This has me so mad I can't see straight. I'm going to do my dead-level best to ensure this post doesn't turn into a rant. For the most part, I've accepted how ridiculous, arbitrary, corrupt, and often evil the American justice system is. Still, I think it's one of the best in the world. But when it fails, holy shit does it fail.

Take the sad case of this Merrill Lynch broker who had a single Oxycontin pill in his pocket - a buddy had given it to him at a concert and he didn't even take it - and the mess that his life became when he was pulled over hours later. He'd never taken Oxy before, and hadn't planned to take it now. He said he was going to give the pill away. After being assured of a lenient sentence, he was induced to plead No Contest to possession. Then the judge lowered the boom:

Despite having no criminal record and never having taken Oxycontin, James was required to attend two Narcotics Anonymous meetings a week for an entire year, and 15 weekend-long state-run drug classes (the latter he was required to pay for). Despite the fact that he was going to school at night for his MBA, James was given a curfew, and had to be inside his own home between the hours of 9 p.m. and 6 a.m. every day of the week, for the entire year. As a final punishment, the judge instructed James to immediately report his arrest to his employer, and to let his probation officer know when he had done so.

You can guess what comes next. Telling his boss meant an addendum to his U-4 which set off alarm bells at Merrill headquarters, and he was fired two weeks later. Then he discovered just how difficult it is to get hired with his background. Not only because of the No Contest plea, but because his probation officer insisted on calling each company he interviewed with to verify that he'd been there. Now I ask you, how is he going to get hired when HR gets a call from a probation officer?

He ended up working as a fry cook. And his PO screwed him again. She told him that he could be out past curfew as long as he was at work, but didn't tell him he needed the judge's permission. That oversight bought him another two years of probation. He looked for finance work the whole time, but all that accomplished was every private background check company the banks used had a record of his conviction. So even when the record was expunged and technically no longer existed, he still couldn't get a job because now all these private investigators knew about it.

Six years of this guy's life went into the toilet over one pill he didn't even take.

How much longer are we as a country going to allow these sorts of miscarriages of justice? How many more lives have to be ruined for victimless crimes?

There is so much money in Prohibition for everyone involved (cops, judges, lawyers, prison guards, probation officers, drug cartels - don't think for a minute they want drugs legalized) that there is no way the laws are ever going to be overturned unless the people force them to do it. And if the Prohibition against alcohol in the '30s is any indication, this is how we can do it:

A lot of people think alcohol prohibition got repealed just because one day everyone woke up and said, "Hey, that was a really bad idea. Let's get rid of Prohibition." That's not what happened at all. The same rogues gallery of misery profiteers were making money hand over fist and didn't want Prohibition repealed. The people finally had to take charge, and they did it not in the ballot box but in the jury box.

Juries eventually refused to convict anyone of alcohol-related offenses, even if they were caught red-handed and were guilty as sin. This cost judges and prosecutors a ton of money, and their conviction rates went into the toilet. Eventually they did the math and decided that if they weren't going to get convictions anymore, they should just change the law so they could quit looking stupid.

And that, dear friends, is the beauty of jury nullification.

I honestly believe the only way we're going to change drug laws in America is through jury nullification. However, the judges and prosecutors have wised up, and if they even suspect that you're a fully informed juror you'll be thrown out of jury duty so fast it'll make your head spin. What's a fully informed juror? Glad you asked:

The primary function of an independent juror is not, as many people think, to dispense punishment to fellow citizens accused of breaking various laws, but rather to protect fellow citizens from tyrannical abuses of power by the government. The Constitution guarantees you the right to trial by jury. This means that government must bring its case before a jury of The People if government wants to deprive any person of life, liberty, or property. Jurors can say no to government tyranny by refusing to convict.

I realize I'm getting dangerously close to a rant here, and that's not where I want to go. I urge you to look into the Fully Informed Jury Association and download their free handbook on nullification. And as tempting as it is to get out of jury duty, if you're called do your utmost to get seated. If they're trying to convict someone of something ridiculous, regardless of their guilt, vote to acquit. It's the only way we'll get these ridiculous laws overturned.

Because you never know when you might be the guy getting pulled over and losing everything you've worked your whole life for over a pill your buddy gave you. Think about it.

  • laws
  • jury nullification
  • Drugs
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Comments

anamerican's picture

Extremely terse.

anamerican
     
 
(Monkey, 38
 
Points)
 on 8/9/12 at 7:49am

Extremely terse.

anamerican

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roymondito's picture

Agreed. It's absurd the way

roymondito
      IB
 
(Senior Baboon, 242
 
Points)
 on 8/9/12 at 8:00am

Agreed. It's absurd the way we prosecute so many victim-less crimes in this country.

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SirTradesaLot's picture

Sucks for that guy. This is

SirTradesaLot
     
 
 
(Senior Neanderthal, 4,781
 
Points)
 on 8/9/12 at 8:12am

Sucks for that guy. This is the problem with the jury system: only those are too dumb to get out of jury duty actually sit on juries. Lawyers don't like jurists who can reason.

I'm a lover, not a fighter, but I'm also a fighter, so don't get any ideas.

My WSO Blog

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AQM's picture

Sacco and Vanzetti classic

AQM
      IB
 
(Orangutan, 336
 
Points)
 on 8/9/12 at 8:27am

Sacco and Vanzetti classic right here. "Guilty by association." It's as true now as it was back in the day.

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newfirstyear's picture

Judges in the US are just as

newfirstyear
      ER
 
(Senior Orangutan, 465
 
Points)
 on 8/9/12 at 8:31am

Judges in the US are just as corrupt as politicians. Disgraceful human beings.

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Scott Irish's picture

Disgraceful. I had to stop

Scott Irish
      O
 
 
(Senior Orangutan, 385
 
Points)
 on 8/9/12 at 8:43am

Disgraceful. I had to stop reading about two-thirds of the way

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Unforseen's picture

One of the best solutions

Unforseen
     
 
 
(King Kong, 1,129
 
Points)
 on 8/9/12 at 8:45am

One of the best solutions I've heard to act on this stupid drug prohibition issue

Check out my Blog

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Marzapan's picture

Something doesn't add up. He

Marzapan
      CF
 
(Senior Chimp, 25
 
Points)
 on 8/9/12 at 8:47am

Something doesn't add up. He was pulled over, and the contents of his pockets came to the officer's attention how? He must have done or said something to give the officer pause (and probable cause) to pull him out of the vehicile and search him.

"An investment in knowledge always pays the best interest" --Ben Franklin

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In reply to Marzapan
mehp's picture

Marzapan: Something doesn't

mehp
     
 
(Senior Baboon, 239
 
Points)
 on 8/9/12 at 9:01am
Marzapan:

Something doesn't add up. He was pulled over, and the contents of his pockets came to the officer's attention how? He must have done or said something to give the officer pause (and probable cause) to pull him out of the vehicile and search him.

"The officer who pulled him over said the car smelled like marijuana, and asked to conduct a search. James agreed, because neither he nor his passenger had been using drugs. When his passenger was found to be in possession of a pipe and several screens (but no marijuana), the officer searched James."

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In reply to Marzapan
Addinator's picture

Marzapan: Something doesn't

Addinator
      AM
 
 
(Senior Gorilla, 958
 
Points)
 on 8/9/12 at 9:02am
Marzapan:

Something doesn't add up. He was pulled over, and the contents of his pockets came to the officer's attention how? He must have done or said something to give the officer pause (and probable cause) to pull him out of the vehicile and search him.

If you read through the article, apparently the officer claimed to "smell marijuiana" and then proceeded to search the car and found a pipe and screens that belonged to the passenger and thus searched both of them because of it. Regardless, this teaches you to put your career before anything especially any narcotics that you don't have a prescription for. Just don't do it. I'm all for changing the laws regarding narcotics because they are beyond stupid, but you need to steer clear of them until something changes. It simply isn't worth the risk. Period. If people don't realize that by now I can't help them. Lobby for changing, fight for changing it etc but sure as hell take caution or hire a damn good lawyer to bail you out.

Contact: [email protected]
See my other blog posts

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In reply to Marzapan
Proposition Joe's picture

Marzapan: Something doesn't

Proposition Joe
      ST
 
(Baboon, 111
 
Points)
 on 8/9/12 at 9:03am
Marzapan:

Something doesn't add up. He was pulled over, and the contents of his pockets came to the officer's attention how? He must have done or said something to give the officer pause (and probable cause) to pull him out of the vehicile and search him.

That's what I was thinking. Not to diminish from your point Eddie, but another good rule is don't piss off the cops. They will fuck you over

I'm like one of them marriage counselors. Charge by the hour to tell some fool he needa bring some flowers home. Then charge another hour telling the bitch she oughta suck some cock every little once in a while. Keep a marriage strong like that. -Prop Joe

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adapt or die's picture

I'm glad you posted this. It

adapt or die
     
 
 
(King Kong, 1,266
 
Points)
 on 8/9/12 at 9:04am

I'm glad you posted this. It helps me remember to stick to the booze when I'm out there raging.

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In reply to Marzapan
awqtfq's picture

.

awqtfq
     
 
(Orangutan, 250
 
Points)
 on 10/15/12 at 8:17pm

.

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In reply to mehp
awqtfq's picture

mehp: Marzapan: Something

awqtfq
     
 
(Orangutan, 250
 
Points)
 on 8/9/12 at 9:12am
mehp:
Marzapan:

Something doesn't add up. He was pulled over, and the contents of his pockets came to the officer's attention how? He must have done or said something to give the officer pause (and probable cause) to pull him out of the vehicile and search him.

"The officer who pulled him over said the car smelled like marijuana, and asked to conduct a search. James agreed, because neither he nor his passenger had been using drugs. When his passenger was found to be in possession of a pipe and several screens (but no marijuana), the officer searched James."

What the hell kind of banker smokes pot? Anyway, this makes more sense. This story is depressing. I hate how easy it is for ridiculous convictions to be made. Something along the lines of this story, or when a girl calls rape when she clearly wasn't. These things scare the hell out of me.

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Abdel's picture

Since Eddie mentioned

Abdel
      O
 
(Neanderthal, 2,064
 
Points)
 on 8/9/12 at 9:18am

Since Eddie mentioned nullification, I'll sneak this in:

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In reply to mehp
BlackHat's picture

mehp: Marzapan: Something

BlackHat
      HF
 
 
(Senior Neanderthal, 5,118
 
Points)
 on 8/9/12 at 9:19am
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I hate victims who respect their executioners

Follow BH & Co. on Twitter: @DumbLuckCapital
twitter.com/DumbLuckCapital

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D M's picture

I'd like to point out that I

D M
      O
 
(Senior Neanderthal, 5,017
 
Points)
 on 8/9/12 at 9:23am

"WSO is like the 300 for anti spamage. None shall pass." -happypantsmcgee
"You stop being an asshole when it sucks to be you." -IlliniProgrammer

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In reply to BlackHat
awqtfq's picture

.

awqtfq
     
 
(Orangutan, 250
 
Points)
 on 10/15/12 at 8:20pm
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In reply to BVMadden
bfin's picture

BVMadden: when a girl calls

bfin
      CF
 
(Neanderthal, 2,795
 
Points)
 on 8/9/12 at 9:27am

The answer to your question is 1) network 2) get involved 3) beef up your resume 4) repeat -happypantsmcgee

WSO is not your personal search function.

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Going Concern's picture

One pill makes you larger And

Going Concern
     
 
 
(King Kong, 1,878
 
Points)
 on 8/9/12 at 9:29am

You have to play the game to find out why you're playing the game.

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In reply to Going Concern
BlackHat's picture

Going Concern: One pill makes

BlackHat
      HF
 
 
(Senior Neanderthal, 5,118
 
Points)
 on 8/9/12 at 9:32am

I hate victims who respect their executioners

Follow BH & Co. on Twitter: @DumbLuckCapital
twitter.com/DumbLuckCapital

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In reply to D M
808's picture

D M: I'd like to point out

808
      CF
 
 
(Gorilla, 715
 
Points)
 on 8/9/12 at 9:43am

http://www.wallstreetoasis.com/group/big-4-accounting
http://www.wallstreetoasis.com/group/entrepreneur
http://www.wallstreetoasis.com/group/wso-pittsburgh

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In reply to 808
D M's picture

808: I know, I agree, just

D M
      O
 
(Senior Neanderthal, 5,017
 
Points)
 on 8/9/12 at 9:49am

"WSO is like the 300 for anti spamage. None shall pass." -happypantsmcgee
"You stop being an asshole when it sucks to be you." -IlliniProgrammer

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geofinance's picture

Edmundo Braverman: if they

geofinance
      HF
 
(Monkey, 54
 
Points)
 on 8/9/12 at 9:50am
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In reply to geofinance
UFOinsider's picture

If you're going to break the

UFOinsider
      O
 
(Human, 10,475
 
Points)
 on 8/9/12 at 10:49am

I notice that the older I am the more I sound like Illini Programer

- accountingbyday

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Tolland15's picture

My first year of college I

Tolland15
      O
 
(Baboon, 150
 
Points)
 on 8/9/12 at 10:48am

I was taught that the human brain was the crowning glory of evolution so far, but I think it's a very poor scheme for survival.

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In reply to D M
West Coast rainmaker's picture

Agree with all of the above.

West Coast rainmaker
      ER
 
 
(Neanderthal, 2,128
 
Points)
 on 8/9/12 at 10:50am
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In reply to Tolland15
geofinance's picture

Tolland15: My first year of

geofinance
      HF
 
(Monkey, 54
 
Points)
 on 8/9/12 at 10:55am
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In reply to geofinance
Tolland15's picture

geofinance: Tolland15: My

Tolland15
      O
 
(Baboon, 150
 
Points)
 on 8/9/12 at 11:06am

I was taught that the human brain was the crowning glory of evolution so far, but I think it's a very poor scheme for survival.

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In reply to Tolland15
D M's picture

Tolland15: It was in

D M
      O
 
(Senior Neanderthal, 5,017
 
Points)
 on 8/9/12 at 11:13am

"WSO is like the 300 for anti spamage. None shall pass." -happypantsmcgee
"You stop being an asshole when it sucks to be you." -IlliniProgrammer

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melvvvar's picture

we well can't have the bit

melvvvar
     
 
(King Kong, 1,693
 
Points)
 on 8/9/12 at 11:13am
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In reply to BlackHat
peterg's picture

BlackHat: what kind of

peterg
      IB
 
(Baboon, 140
 
Points)
 on 8/9/12 at 11:16am
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GoodBread's picture

Edmundo Braverman: He ended

GoodBread
      AM
 
 
(Neanderthal, 3,639
 
Points)
 on 8/9/12 at 11:20am

Financial Modeling Training
Guide to Finance Interviews

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Cookies With Milken's picture

Better call Saul!

Cookies With Milken
      O
 
(Gorilla, 568
 
Points)
 on 8/9/12 at 11:33am
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In reply to Cookies With Milken
BlackHat's picture

Cookies With Milken: Better

BlackHat
      HF
 
 
(Senior Neanderthal, 5,118
 
Points)
 on 8/9/12 at 11:48am

I hate victims who respect their executioners

Follow BH & Co. on Twitter: @DumbLuckCapital
twitter.com/DumbLuckCapital

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In reply to Tolland15
txjustin's picture

Tolland15: geofinance: To

txjustin
      O
 
(Neanderthal, 2,475
 
Points)
 on 8/9/12 at 12:24pm
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txjustin's picture

Eddie, I gave you a +1

txjustin
      O
 
(Neanderthal, 2,475
 
Points)
 on 8/9/12 at 12:24pm
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TheKing's picture

"What bankers smoke pot?" A

TheKing
      O
 
 
(Senior Neanderthal, 5,169
 
Points)
 on 8/9/12 at 1:07pm

Check out my WSO Blog

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melvvvar's picture

there was some kid who got 7

melvvvar
     
 
(King Kong, 1,693
 
Points)
 on 8/9/12 at 1:18pm
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BlackHat's picture

(No subject)

BlackHat
      HF
 
 
(Senior Neanderthal, 5,118
 
Points)
 on 8/9/12 at 1:24pm

I hate victims who respect their executioners

Follow BH & Co. on Twitter: @DumbLuckCapital
twitter.com/DumbLuckCapital

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In reply to melvvvar
UFOinsider's picture

melvvvar: blowback from the

UFOinsider
      O
 
(Human, 10,475
 
Points)
 on 8/9/12 at 2:30pm

I notice that the older I am the more I sound like Illini Programer

- accountingbyday

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Febreeze's picture

This sounds awfully

Febreeze
     
 
(King Kong, 1,158
 
Points)
 on 8/9/12 at 2:52pm
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In reply to geofinance
ScoobyDoobie's picture

That is insane. Where I went

ScoobyDoobie
      O
 
(Baboon, 163
 
Points)
 on 8/9/12 at 3:41pm

Third prize is you're fired.

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SamuelClemens's picture

The war on drugs is nothing

SamuelClemens
      PT
 
(Baboon, 116
 
Points)
 on 8/9/12 at 8:36pm
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In reply to SamuelClemens
SirTradesaLot's picture

SamuelClemens: The war on

SirTradesaLot
     
 
 
(Senior Neanderthal, 4,781
 
Points)
 on 8/9/12 at 8:55pm

I'm a lover, not a fighter, but I'm also a fighter, so don't get any ideas.

My WSO Blog

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historiclegend's picture

Just curious, have any of you

historiclegend
     
 
(Baboon, 111
 
Points)
 on 8/9/12 at 9:05pm
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In reply to historiclegend
Cola Coca's picture

historiclegend: Just curious,

Cola Coca
      O
 
(Orangutan, 321
 
Points)
 on 8/9/12 at 9:34pm
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Edmundo Braverman's picture

@historiclegend You're

Edmundo Braverman
      ST
 
 
(Human, 14,705
 
Points)
 on 8/10/12 at 1:15am

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In reply to historiclegend
melvvvar's picture

historiclegend: Just curious,

melvvvar
     
 
(King Kong, 1,693
 
Points)
 on 8/10/12 at 1:26am
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In reply to SirTradesaLot
SamuelClemens's picture

SirTradesaLot: SamuelClemen

SamuelClemens
      PT
 
(Baboon, 116
 
Points)
 on 8/10/12 at 4:18am
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The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other items (collectively, "Material"), are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML code that the Company creates to generate its pages. It is also protected by the Company?s copyright.

Acceptable Site Use.

General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

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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