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Wall Street Oasis » Blogs » bankerella's blog
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Four college kids started a hedge fund. Should I invest?
 

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bankerella's picture
bankerella
      IB
 
 
(King Kong, 1,863
 
Points)
 on 10/8/12 at 10:00pm
kid-money.jpg

One of the biggest problems with having large corporations as clients is that there’s so much crap you’re not allowed to invest in actively in order to prevent any potential allegations of insider trading. There’s also a bunch of rules and paperwork that, honestly, few bankers have time to keep track of.

As a result, a lot of bankers just stick their money in ETFs (or a nice piece of Hamptons real estate) and forget about it. (I admit it, most of my money’s in ETFs right now.)

But let’s face it, we all know that you haven’t made it until you pay more in capital gains tax than in ordinary income tax. Passive investment is boring and is largely for betas and scrubs whose 401(k) is their largest source of liquid capital ( psssh!).

So as you start to accumulate capital, if you want to get those big returns, you eventually have to find someone to manage things on the personal investment front for you.

This isn’t easy. No-name firms and individuals deliver inconsistent results and are sometimes shady. Bulge bracket firms deliver consistently shitty results and are consistently shady. And you're never gonna get personalized attention unless you've got $50m+ (which I don't have) or you are one of the larger clients in a small shop.

To this end, I've been doing a little due diligence lately, and thanks to this article (http://nymag.com/daily/intel/2012/10/worlds-most-o...) I uncovered a real gem that I wanted to share with you guys.

Presenting Lumina Investments (http://www.luminainvestments.com/), a group of college kids from UNC (but UNC Wilmington, not UNC Chapel Hill). And one guy from East Carolina University. (I always thought the Carolinas were divided into North and South, but I admit being a tad fuzzy on those southern states.)

Anyway, Lumina provides “global macro event-driven investing,” which sounds like a pretty good idea. Of course, they’re not the only global macro shop out there. So what are Lumina’s points of differentiation?

Well, one of their goals is “performance during macro events,” which I take to mean that when something is going on in the world, they try to make money on it. That’s the kind of thinking I want in the guys who are managing my money. So far, so good.

But that’s not all. They also aim for “capital preservation during non-event environments”. By “capital preservation”, I assume they mean that they don’t come to work on slow news days. I would hazard a guess that they switch over to “capital preservation” mode during midterms and finals as well. Overall, I approve of this. If the guy who manages my money doesn’t know how to make money in a steady market, I don’t want him trying.

But more importantly, I can’t find a single thing on their website I disagree with. Listen to the CEO, Elliot Carol, who says in big screaming quotes on the front page: “Right now, macro events are driving the market. We believe this is the new normal.”

Now, anyone who was around 10/20 years ago would probably also say that it was the old normal. But let’s not split hairs. This is a pretty sage statement for a 21-year-old.

Let’s check out the head of investor relations, who says, “When it comes to investor relations, Lumina’s primary goal is to maximize transparency between our investors and the investment team.” Now here’s a man who knows what investor relations is. Nicely played.

I read the quote where they admit to having less than a million dollars under management, so I was still a little wary of handing these kids my money until I saw that two of them have passed the Series 65. There’s a picture of them wearing actual suits (and even gold tie clips). And there is a Firm CRD number proudly displayed at the bottom of every page. So you know these kids are serious. At least serious enough to have paid the $300 CRD fee to FINRA.

You gotta admit, these kids are douching way above their weight. I wouldn't be surprised to see this level of douching out of Dukies or UNC-Chapel Hill, but Wilmington? I bet panties are dropping all up and down the Carolina coast. (Hopefully not all of them are size XXL from WalMart.)

The only problem is that I can’t tell exactly what Lumina Investments is. Apparently the director of research and investments, Zach Cefaratti, said to the reporter, "We’re not playing around here. This is a serious hedge fund, doing serious and big things. This isn’t a joke."

But after the story, the firm said on Twitter: “To clarify, Lumina isn't a hedge fund, it's an IA firm. We don't turn on the lights w/o asking our compliance guy.”

But, regardless of what they are, the press believes in this "serious hedge fund" and the "serious and big things" they are doing. At least, the hometown press does. A quote on Lumina’s webpage from the Greater Wilmington Business Journal says, “Both innovative and conservative, these young men believe that their strategy will create long-term success.” So the hometown paper reports that these kids believe in themselves. You can't get much more glowing praise than that.

But what do folks from the big city think? Well, no less a personage than Kevin Roose (New York Times alum, writing for New York Magazine) says, “We don't typically provide investment advice, but trust us on this one: Get on the ground floor, if you still can.”

At first I had a suspicion that Roose’s quote was meant as sarcasm since it was the last line of a not-exactly-glowing article, but I was reassured once I saw that Lumina had stuck the whole quote on its front page as an endorsement from New York Magazine.

I don’t typically take investment advice from journalists, but maybe Roose is onto something. These kids have a really unusual combination of traits. Youth. Passion. A website designer. A passing familiarity with investment buzzwords. The balls to wear contrasting collars while still in college. And a near-total lack of self-awareness that promises, if not outsized returns, at least an outsized opportunity for entertainment.

I’m thinking of calling them up this week and asking what their minimums are. It might be worth it to become a client just so I can watch the fun. What do you monkeys think?

See my other WSO blog posts
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Tags:
  • wall street alternatives
  • hedge fund
  • college students start hedge fund
  • career advice for college students

Comments

FeelingMean's picture

I think you should do it.

FeelingMean
      VC
 
(Gorilla, 651
 
Points)
 on 10/8/12 at 3:38pm

I think you should do it. This was a great write-up by the way.

"That dude is so haole, he don't even have any breath left."

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Determined's picture

What frustrates me most is

Determined
     
 
(Senior Orangutan, 424
 
Points)
 on 10/8/12 at 3:50pm

What frustrates me most is their simple lack of ability to present themselves in a serious manner. Being young/inexperienced is no excuse for poor presentation. If they spent a little more time thinking about how to pitch their strategy and how to portray the details on their site, people wouldn't be laughing at them as hard.

I'm all for taking risks and making mistakes, but without common sense the risks and mistakes can dig a deep hole that's difficult to get out of.

Talent is hitting a target no one can hit.
Genius is hitting a target no one can see.

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F. Ro Jo's picture

A little late to the party

F. Ro Jo
     
 
(Senior Gorilla, 771
 
Points)
 on 10/8/12 at 3:52pm

A little late to the party 'rella.

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UFOinsider's picture

Ha Hahahaha HAHAHAHAHAHA BWAA

UFOinsider
      O
 
(Human, 10,347
 
Points)
 on 10/8/12 at 3:53pm

Ha

Hahahaha

HAHAHAHAHAHA

BWAAAAHAHAHAHAHAHA

Bernie Madoff's grandkids?

YOU JUST GOT TROLLED
http://www.troll.me/images/red-foreman322/dont-you...

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Mr.Saxman's picture

I feel bad for their

Mr.Saxman
      IB
 
(Senior Baboon, 237
 
Points)
 on 10/8/12 at 3:54pm

I feel bad for their relatives.

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Dunkin Donuts Banker's picture

This is gold.

Dunkin Donuts Banker
      IB
 
(Senior Monkey, 72
 
Points)
 on 10/8/12 at 3:56pm

This is gold.

http://www.youtube.com/watch?v=_rS-qZTuZaA&feature...!

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Bobb's picture

Elliot looks like a smug

Bobb
      AM
 
 
(Senior Gorilla, 943
 
Points)
 on 10/8/12 at 3:58pm

Elliot looks like a smug douche

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neomanxllp's picture

Sometimes I can't tell if

neomanxllp
     
 
(Senior Monkey, 87
 
Points)
 on 10/8/12 at 4:00pm

Sometimes I can't tell if you're trolling or not bankerella...

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FeelingMean's picture

Dunkin Donuts Banker: This is

FeelingMean
      VC
 
(Gorilla, 651
 
Points)
 on 10/8/12 at 4:01pm
Dunkin Donuts Banker:

This is gold.

http://www.youtube.com/watch?v=_rS-qZTuZaA&feature=player_embedded#!

LOL
Old man: (Not Listening) "Great!"

Stopped it there...

"That dude is so haole, he don't even have any breath left."

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BlackHat's picture

Some other neat thoughts

BlackHat
      HF
 
 
(Senior Neanderthal, 4,948
 
Points)
 on 10/8/12 at 4:10pm

Some other neat thoughts about Lumina:
1) They have $2 under management but the investment minimum is $100,000
2) The actual 2 owners of the fund aren't mentioned... ever
3) They never identify what asset classes they invest in
4) This has to be kind of common for douchebags... how'd they get so much media exposure?
5) Is this the best Wilmington can do?

I hate victims who respect their executioners

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

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CaR's picture

Not a bad way for a few 21

CaR
      O
 
 
(Gorilla, 643
 
Points)
 on 10/8/12 at 4:13pm

Not a bad way for a few 21 year old virgins to gets some friend requests on facebook. I'd give them my pension

I tell you, we are here on Earth to fart around, and don't let anybody tell you different.
Kurt Vonnegut

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notamonkey's picture

This is exactly what all

notamonkey
      HF
 
(Senior Baboon, 216
 
Points)
 on 10/8/12 at 4:13pm

This is exactly what all macro investors are like. I've never met an intelligent (or successful) one in my life; these kids fit right in.

Buying undervalued businesses never goes out of style.

All I care about in life is accumulating bananas

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duffmt6's picture

BlackHat: Some other neat

duffmt6
      IB
 
 
(Neanderthal, 2,327
 
Points)
 on 10/8/12 at 4:15pm
BlackHat:

Some other neat thoughts about Lumina:
1) They have $2 under management but the investment minimum is $100,000
2) The actual 2 owners of the fund aren't mentioned... ever
3) They never identify what asset classes they invest in
4) This has to be kind of common for douchebags... how'd they get so much media exposure?
5) Is this the best Wilmington can do?

UNC-W is a pretty underrated party/beach school. So it has that going for it...

"Social cohesion and puritanical morality place roughly on my list of concerns between whether I'll pick up jock itch at the gym this week (not likely, since I don't go the gym) and whether it'll rain in Christchurch, New Zealand next Tuesday."
-Eddie

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WSOusername's picture

"No-name firms and

WSOusername
     
 
(Senior Gorilla, 950
 
Points)
 on 10/8/12 at 4:22pm

"No-name firms and individuals deliver inconsistent results and are sometimes shady. Bulge bracket firms deliver consistently shitty results and are consistently shady."

I laughed. Also, I've signed up for their newsletter each time I've seen this mentioned in a WSO thread... so I'm currently at three.

GBS

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iRX's picture

Interesting... I suppose I

iRX
      IB
 
(Orangutan, 260
 
Points)
 on 10/8/12 at 4:22pm

Interesting... I suppose I can dig the strategy. I would never give my money to a 21-yr old kid. They haven't been around the block. They haven't lost money and learned from it. They will end up making all the rookie mistakes, and my money won't be their guinea pig.

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SlikRick's picture

I just feel sorry for UNC...

SlikRick
      CO
 
(Senior Orangutan, 455
 
Points)
 on 10/8/12 at 4:30pm
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madmoney15's picture

Why is everyone hating on

madmoney15
     
 
(Orangutan, 325
 
Points)
 on 10/8/12 at 4:32pm

See my WSO Blog

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Press0's picture

If this thread was serious

Press0
     
 
(Senior Monkey, 80
 
Points)
 on 10/8/12 at 4:41pm
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duffmt6's picture

Press0: If this thread was

duffmt6
      IB
 
 
(Neanderthal, 2,327
 
Points)
 on 10/8/12 at 4:44pm

"Social cohesion and puritanical morality place roughly on my list of concerns between whether I'll pick up jock itch at the gym this week (not likely, since I don't go the gym) and whether it'll rain in Christchurch, New Zealand next Tuesday."
-Eddie

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neomanxllp's picture

madmoney15: Why is everyone

neomanxllp
     
 
(Senior Monkey, 87
 
Points)
 on 10/8/12 at 4:45pm
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Press0's picture

duffmt6: Press0: If this

Press0
     
 
(Senior Monkey, 80
 
Points)
 on 10/8/12 at 4:49pm
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Ben Shalom Bernanke's picture

"Bulge bracket firms deliver

Ben Shalom Bernanke
      AM
 
 
(King Kong, 1,423
 
Points)
 on 10/8/12 at 4:52pm
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notamonkey's picture

whitemamba1309: madmoney15:

notamonkey
      HF
 
(Senior Baboon, 216
 
Points)
 on 10/8/12 at 4:53pm

All I care about in life is accumulating bananas

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madmoney15's picture

Ackman didn't have

madmoney15
     
 
(Orangutan, 325
 
Points)
 on 10/8/12 at 5:11pm

See my WSO Blog

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madmoney15's picture

notamonkey: whitemamba1309:

madmoney15
     
 
(Orangutan, 325
 
Points)
 on 10/8/12 at 5:13pm

See my WSO Blog

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bankerella's picture

Press0: If this thread was

bankerella
      IB
 
 
(King Kong, 1,863
 
Points)
 on 10/8/12 at 5:20pm

See my other WSO blog posts

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hockey1316's picture

Ok to get things straight two

hockey1316
      CO
 
 
(Gorilla, 504
 
Points)
 on 10/8/12 at 5:22pm
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madmoney15's picture

hockey1316: Ok to get things

madmoney15
     
 
(Orangutan, 325
 
Points)
 on 10/8/12 at 5:31pm

See my WSO Blog

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cheese86's picture

Madmoney...which one of the

cheese86
      HF
 
(Gorilla, 576
 
Points)
 on 10/8/12 at 5:39pm
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CaR's picture

Pretty hilarious that you're

CaR
      O
 
 
(Gorilla, 643
 
Points)
 on 10/8/12 at 5:54pm

I tell you, we are here on Earth to fart around, and don't let anybody tell you different.
Kurt Vonnegut

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virtu333's picture

It boggles my mind how dumb,

virtu333
      IB
 
(Baboon, 127
 
Points)
 on 10/8/12 at 5:44pm
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hockey1316's picture

madmoney15: hockey1316: Ok

hockey1316
      CO
 
 
(Gorilla, 504
 
Points)
 on 10/8/12 at 6:05pm
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CaR's picture

hockey1316: madmoney15: h

CaR
      O
 
 
(Gorilla, 643
 
Points)
 on 10/8/12 at 6:13pm

I tell you, we are here on Earth to fart around, and don't let anybody tell you different.
Kurt Vonnegut

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Cruncharoo's picture

madmoney15: 2. Just because

Cruncharoo
      CO
 
 
(Gorilla, 686
 
Points)
 on 10/8/12 at 6:19pm

This to all my hatin' folks seeing me getting guac right now..

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olafenizer's picture

They should have just skipped

olafenizer
      IB
 
 
(King Kong, 1,005
 
Points)
 on 10/8/12 at 6:29pm

See my other WSO blog posts

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Get_Yield's picture

It's settled...Bankerella is

Get_Yield
      IB
 
(Chimp, 9
 
Points)
 on 10/8/12 at 6:31pm

"Anything less than the best is a felony"

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huanleshalemei's picture

bankerella: But that’s not

huanleshalemei
     
 
(Gorilla, 518
 
Points)
 on 10/8/12 at 6:35pm

The Auto Show

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ladubs111's picture

sorry Bankerella your late on

ladubs111
      IA
 
(Senior Orangutan, 432
 
Points)
 on 10/8/12 at 6:53pm
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Jamess1's picture

Bad day for a team picture.

Jamess1
      CF
 
(Senior Baboon, 190
 
Points)
 on 10/8/12 at 6:57pm

Blue horseshoe loves Anacott Steel

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madmoney15's picture

hockey1316: madmoney15: h

madmoney15
     
 
(Orangutan, 325
 
Points)
 on 10/8/12 at 7:03pm

See my WSO Blog

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madmoney15's picture

Cruncharoo: madmoney15: 2.

madmoney15
     
 
(Orangutan, 325
 
Points)
 on 10/8/12 at 7:14pm

See my WSO Blog

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madmoney15's picture

CaR: Pretty hilarious that

madmoney15
     
 
(Orangutan, 325
 
Points)
 on 10/8/12 at 7:40pm

See my WSO Blog

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BTbanker's picture

I like your style,

BTbanker
      IB
 
(Senior Neanderthal, 5,336
 
Points)
 on 10/8/12 at 7:58pm

"A man generally has two reasons for doing anything. One that sounds good, and the real one." - J.P. Morgan

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balls.mahoney's picture

hockey1316: Ok to get things

balls.mahoney
      IB
 
 
(Orangutan, 282
 
Points)
 on 10/8/12 at 9:06pm
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sonibubu's picture

hockey1316: Ok to get things

sonibubu
      AM
 
(Baboon, 172
 
Points)
 on 10/8/12 at 9:07pm
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BTbanker's picture

sonibubu: hockey1316: Ok to

BTbanker
      IB
 
(Senior Neanderthal, 5,336
 
Points)
 on 10/8/12 at 9:43pm

"A man generally has two reasons for doing anything. One that sounds good, and the real one." - J.P. Morgan

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gamenumbers's picture

Ackman actually started a

gamenumbers
      IB
 
 
(Gorilla, 678
 
Points)
 on 10/8/12 at 9:57pm
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linoxgill's picture

Lol. I was waiting for this

linoxgill
      O
 
(Monkey, 32
 
Points)
 on 10/8/12 at 10:00pm

finance is the science of goal architecture.

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The Kid's picture

Honest/serious question ...

The Kid
      O
 
(Gorilla, 635
 
Points)
 on 10/8/12 at 11:01pm
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jgc2122's picture

Next a few high school kids

jgc2122
     
 
(Senior Monkey, 71
 
Points)
 on 10/9/12 at 12:01am

"If Henry Ford had asked people what they wanted, they would have said faster horses." -Steve Jobs

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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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