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Wall Street Oasis » Blogs » Edmundo Braverman's blog
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Qwikster: Worst Corporate Move Ever?
 

Edmundo Braverman's picture
Edmundo Braverman
      ST
 
 
(Human, 14,705
 
Points)
 on 9/20/11 at 6:00am
@Quikster.gif

It's no secret that Netflix's (NSDQ:NFLX) stock price has fallen off a cliff. Long a Wall Street darling, the company has shed half it's market capitalization in the past 60 days. On July 14, the stock was $300 a share; yesterday it closed at $143. Naturally there has been some scrambling on the part of management, and even a little contrition on the part of CEO Reed Hastings.

Yesterday the company announced what may be its biggest blunder to date. And somebody really needs to get fired behind this one. Of course I'm talking about Netflix splitting off its DVD rental operation and calling the new entity Qwikster. Aside from all the fundamental reasons why this was a bad move (still the company's bread and butter, just went through a pricing debacle, etc...) this is an absolute marketing disaster.

Didn't anyone at Netflix do any market research before they came up with this name? If they had, they would have found that another company tried (and failed) to re-brand themselves by changing their name to something far too similar.

Hoping to cash in on the Internet craze in 1999, Amway changed their name to Quixtar. I don't need to tell you that Amway isn't exactly held in the highest esteem among American consumers. Evidently they tried to move their multi-level marketing scheme online under the auspices of the new Quixtar name (and in turn shed the negative connotations associated with the Amway name). It was more or less a disaster, and a few years ago they abandoned the Quixtar name and went back to plain old Amway.

But that's not all. In today's world where social media can make or break a company, you'd think that someone over at Netflix would have checked to make sure the Qwikster Twitter handle was available.

It is not.

In fact, it's held by a half-smart stoner named Jason Castillo whose Twitter avatar is Tickle Me Elmo smoking a joint, and who is responsible for such Twitter poetry as:

[quote @Qwikster]Bored as shyt wanna blaze but at the same time I don't ugh fuck it where's the bowl at spark me up lls[/quote]

and

[quote @Qwikster]Don't bother telling me who my ex is now dating ! Cuzz now I feel bad for the bitch that has my sloppy seconds :)[/quote]

Seriously Netflix? That is some Amateur Hour shit over at corporate strategy.

If I were a Netflix shareholder (disclosure: I am not), I would be furious right now. Not only is splitting the company a questionable strategy to begin with, but to do so in such a half-assed manner is inexcusable.

I'm thinking they should replace Reed Hastings with Jason Castillo. The decision making couldn't get much worse, and at least they'd own the Twitter handle.

  • netflix
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Comments

ragnar danneskjöld's picture

If by segmenting the business

ragnar danneskjöld
     
 
(Senior Baboon, 196
 
Points)
 on 9/20/11 at 9:03am

If by segmenting the business model it creates a better product within the streaming video market (i.e., more movies, more subscribers), then I'm all for it. It is by far the most calamitous attempt at spinning off a division but I understand the rational behind why (in the long run). Short term they are going to hurt, but everything is going to a streaming medium of delivery for on demand media.

The big "if" for me in the equation is if they focus on improving the timeliness of releases and the availability of their streaming selection, then I can see them having long-term staying power. Redbox is killing the DVD by mail market. Anytime you can provide the same service and reduce or eliminate the need for additional overhead by technology is a winning recipe so long as the consumer is equipped to transition.

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ERGOHOC's picture

surprised it took a day for u

ERGOHOC
      AM
 
(Orangutan, 271
 
Points)
 on 9/20/11 at 9:09am

surprised it took a day for u to bring this up. All I know (or think i know) is they know what they're doing

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Midas Mulligan Magoo's picture

I'm all in favor of squeezing

Midas Mulligan Magoo
     
 
(Senior Neanderthal, 5,167
 
Points)
 on 9/20/11 at 9:26am

I'm all in favor of squeezing a nickel 'til boogers bleed out of GW's nose, but this is a tad much. I have a very strong mind to think Netflix is just a case study in complacency. Effectively taking out Blockbuster made them champ and like many who reached the top they never envisioned a different world, in spite of helping to create it. As for simple business economics, you don't shit where you eat. You definitely don't shit in the mouths of those who put food in yours. This is going to get very ugly for them.

Where I unload on Twits and take verbal S***s

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SpacemanSpiff's picture

Take a look at HP and then

SpacemanSpiff
      HF
 
 
(Senior Baboon, 245
 
Points)
 on 9/20/11 at 9:27am

Take a look at HP and then get back to me

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Banker88's picture

I don't see why you think

Banker88
      IB
 
 
(King Kong, 1,654
 
Points)
 on 9/20/11 at 10:07am

I don't see why you think it's such a bad move strategically, aside from the poor choice of name.

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dirs10's picture

I know that Netflix wants to

dirs10
      IB
 
(Senior Chimp, 17
 
Points)
 on 9/20/11 at 10:10am

I know that Netflix wants to basically do away with the DVD-by-mail business and switch to strictly streaming but I'm not sure why they would do it this way. It seems to me that they're either looking to eventually divest this business off so they can get some cash to put towards their streaming business (infrastructure, rights payments, etc), or they are going to just cannibalize this subsidy over time. Either way, by creating two separate entities under one company they are now competing against themselves and are deadlocked to make any improvements to either business. They should have just phased out the DVD-by-mail business within the next few years and make more movies available to stream.

Qwikster is the most retarded name ever. Hastings, you totally suck right now.

#1: "Have you seen ______'s analyst. She's only about 3 weeks of anorexia away from looking hot." #2: "Maybe 4."

-GSElevator

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TheKing's picture

I haven't taken a dive into

TheKing
      O
 
 
(Senior Neanderthal, 5,169
 
Points)
 on 9/20/11 at 10:11am

I haven't taken a dive into the financials by any stretch of the imagination, and I know that Netflix is the ultimate momentum stock...but does anyone think there could be some value to buying in here?

Again, I haven't done my homework, but blunders aside, it's still an amazing product and an amazing value to the consumer.

Check out my WSO Blog

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LIBOR's picture

Hasting's long-term goal is

LIBOR
      EN
 
(Neanderthal, 2,156
 
Points)
 on 9/20/11 at 10:24am

Hasting's long-term goal is content delivery over the net, to any device. Unfortunately, the infrastructure is currently not there. Internet enabled TV's are only beginning to gain ground, and Netflix does not have the content library to offer a really competitive streaming service. NetFlix needs to keep the DVD business around because it is a cash-cow, but I think it has a long-term plan of ditching it. Honestly, it 15 years DVD players will absolutely be obsolete, and all content will be delivered online.

The move is a long-term, strategic play. I mean, think about the name of the company. "NetFlix". That name does not really imply DVD by mail, which is responsible for the incredible growth streak the company was on for the last 10 years. Hastings sees where the market is going; its just a tough road to go down. The hardware (television's) need to be upgraded to be internet enabled; content providers need to change their entire business model (which they aren't ready to do); and Netflix needs to convince customers, content creators, and hardware vendors that it adds enough value to be a part of the content delivery process (Content Creation --> NetFlix --> Internet TV --> Consumer).

This market has hugh potential, but tech titans like Google, Microsoft, Apple, Amazon, even facebook, will all want a piece of the TV action. I think NetFlix is making this move just to change the conversation, and get some of the negative press off of them for the price increases and content loss that they were dealt this summer.

looking for that pick-me-up to power through an all-nighter?

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ERGOHOC's picture

Essentially they're

ERGOHOC
      AM
 
(Orangutan, 271
 
Points)
 on 9/20/11 at 10:42am

Essentially they're starting-up again. The markets not there yet but it is budding.
However I do have concerns about the new name. "Quickster" is the last thing a man wants to be nicknamed by his girl. I'll short the stocks just for its bad name.

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Weaponized Cum's picture

Part of the problem is that

Weaponized Cum
      IB
 
(Monkey, 48
 
Points)
 on 9/20/11 at 11:06am

Part of the problem is that they're completely seperating everything. Someone posted on the Netflix Facebook page yesterday asking if they search for a movie on Qwikster and it's not available BUT it is available on Netflix fro streaming, will it show up or will I have to go and search Netflix.com seperately. Reed Hastings, the CEO of netflix replied with something like "Ouch. Yeah, you'll need to seach Netflix and Qwikster seperately."

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Edmundo Braverman's picture

Stock's tanking again today,

Edmundo Braverman
      ST
 
 
(Human, 14,705
 
Points)
 on 9/20/11 at 11:42am

Stock's tanking again today, down another $13 (~10%). Ouch.

It's gotta be a BUY sometime soon.

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Frieds's picture

You guys are all looking at

Frieds
      AM
 
 
(Neanderthal, 2,547
 
Points)
 on 9/20/11 at 1:07pm

You guys are all looking at this the wrong way. Forgetting the name for a second, splitting the two does make sense. Applying rational thought to this is futile, as Hollywood and Cable TV do not behave rationally.

You have the DVD business which is governed under the First Sale Doctrine. That alone gives the DVD portion significant leverage in how it operates. Netflix can buy, we'll say, 100 Copies of a movie and freely mail it to its customer base in exchange for a set fee. There is no difference between this and going to a brick and mortar Blockbuster Video. They know what the cost of a DVD is, the cost of mail and how much it costs to be profitable as a DVD mailing service. What makes this situation great is that under First Sale, there is a direct limitation as to the nature of copyright protection. Once Netflix's DVD Unit buys the DVD, provided they are mailing out the original DVD they bought, the company is free to do with those DVDs as they want to. It's pretty straight forward. This is how all of the platforms that do DVD by mail operate.

The issue here, however, is the streaming content. Unlike on the DVD side which has a precedent of First Sale, the costs associated with streaming media are entirely different. Instead of paying $20 for a DVD that you can repeatedly mail out and use repeatedly to the point where the cost becomes pennies, you have no ability to fix your costs to that level. The rights associated with Netflix's DVD unit are many and they have a clear grasp on the costs. This is why they were so profitable until they introduced streaming video. With Streaming Video, Netflix's rights are limited and costs are potentially unlimited. The biggest problem is that 99% of the people here are bankers and not Hollywood accountants. When streaming video first started getting licensed by Netflix, they were, as a reasonable assumption, paying a set fee/year for a film library. As the business model developed, Hollywood wanted more and instituted a percentage rake, that is a percentage of the revenue that was brought in. Now, as the growth is pretty significant, Hollywood (much like Cable TV) wants its cake and eat it to. The price increase comes down to the fact that Hollywood wants it's Price/User/Month regardless of whether you use Netflix Streaming or not. Hollywood wants to charge you for the "right" to watch digital content whether you watch it or not. Is that fair to all consumers? Nope. Is that fair to Netflix? Nope, not in the least. The only one here who benefits is Hollywood, much to the detriment of everyone else. Their monolithic mentality is what is causing the split.

Lets take this a step further and look at how Hollywood (and in turn, Cable, Oprah, ESPN, Crapcast and their recent acquisition of NBC, etc.) run their business. First of all, the Cable Industry and Hollywood want their fees. That's a given. What we forget is that Hollywood has a huge war chest at its disposal the likes of which would be be described as what Milken provided to the corporate raiders in the 80s. It is a huge amount of money available to them in order to protect their interests. Unlike what we would think, Hollywood's not going anywhere and isn't under any duress from competition like Netflix. In fact, thanks to Hulu and Boxee, the industry has been working on trying to minimize the damage and maximize their revenue. By being aware of this, Hollywood is more than willing to throw their weight (and war chest) around to get what they want (See Viacom v. Google). But here's the kicker that Hollywood wants to remain a secret. Everyone can talk about this all they want, but as long as there is a revenue stream worth $32 Billion-a-year in affiliate fees (a figure gleaned from a well written article about this discussed in Business Week over a year ago), every decision that Hollywood makes will be to protect that business. For Netflix's streaming business to come in and take down the giant is unheard of when the giant will fight to keep the old way in tact (and can do so with relative ease).

To clarify, Affiliate Fees are revenue sharing agreements. Cable providers pay a portion of the subscriber basis to cover those fees. Whether you watch ESPN or not, if your cable package has ESPN, your cable provider will end up paying $2/Month/Subscriber. Some channels get more per subscriber than others, but that revenue sharing agreement helps generate the constant fees that come from sue. Now the $2/Month/Subscriber for ESPN along with the rest of the $Cost/Month/Subscriber Fees add up and can cost the cable providers serious money. This is why when ABC nee Disney went to war with Cablevision right before the Oscars were to be aired on ABC, both sides would end up screwing the consumer because the fees to have Disney channels (ABC, ESPN, etc.) have now gone up. This partially explains a major motive behind Comcast's acquisition of NBC - it is a hedge and a bargaining chip against every other provider there is because no network will not have NBC on their network.

Lets expand this even further... why the hell would Oprah leave her daytime show after 25 years? Affiliate Fees. Why would she take the paycheck for the show when she could $2/Month/Subscriber from every single cable network by having a 24 hour network? This is Oprah, so that $2/Month/Subscriber figure is not beyond the realm of possibility. Given that she has enough shows in her 25 year run to syndicate, she has the ability to make stars out of people (Dr. Phil, Dr. Oz and Rachel Ray - yes Rachel Ray got her shot at fame from Oprah). Just based on the Oprah Winfrey Show, she has more than 190 days of content for her network. This doesn't include any new content she may develop, new personalities she will launch and having other personalities she created have their on shows on her network. You do the math there. The revenue is astounding!

So why is this imperative to understanding the breakup of Netflix? Cable providers and Hollywood know that internet TV is going to be the way of the future and are positioning themselves to benefit. They know that, through their own partnerships, they can limit who streams what film/tv libraries that are available and renegotiate contracts for existing use content (or for brand new content that has not yet been streamed) at rates favorable to their own needs. They know that this offers a huge benefit to the consumer and can still maintain control by pushing the fee structure to their benefit. The sad part is that the affiliate fees used for regular tv are now going to be applied to "All You Can View" streaming content for providers like Netflix. If Netflix won't play by Hollywood's rules, Netflix's customers lose on the ability to stream. Even Video on Demand, a similar technology, has to pay part of it's "rental fee" to cover the broadcast rights. In the eyes of Hollywood and Cable TV, why should Netflix be different by providing a buffet of content at their expense.

Either you split the company or you screw over everyone. If I don't stream my Netflix account, I'm held for the "right" to stream regardless of whether I do or I don't. That's why everyone is in an uproar. The only way to fix it, regardless of the name, is by splitting the company into two.

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Weaponized Cum's picture

It's not the fact that it's

Weaponized Cum
      IB
 
(Monkey, 48
 
Points)
 on 9/20/11 at 1:14pm

It's not the fact that it's splitting it two that's the issue; it's how it was handled is the issue.

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Frieds's picture

Edmundo Braverman

Frieds
      AM
 
 
(Neanderthal, 2,547
 
Points)
 on 9/20/11 at 1:36pm
Edmundo Braverman:

Seriously Netflix? That is some Amateur Hour shit over at corporate strategy.

If I were a Netflix shareholder (disclosure: I am not), I would be furious right now. Not only is splitting the company a questionable strategy to begin with, but to do so in such a half-assed manner is inexcusable.

I'm thinking they should replace Reed Hastings with Jason Castillo. The decision making couldn't get much worse, and at least they'd own the Twitter handle.

Weaponized Cum:

It's not the fact that it's splitting it two that's the issue; it's how it was handled is the issue.

That's where you are entirely wrong. The name sucks and the split was handled in a half-assed manor BUT this entire issue wouldn't be happening if they didn't have to split the company in the first place. If not for the decision to split Netflix, we would not be having this discussion. It's not about how poorly the issues were handled (and there have been far worse blunders made than this), but about how and why it came to this. If all you are concerned about is that this was handled poorly, then you are, most likely, one of those people who cannot see the reasoning behind the rate hikes. Everything hinges on the split. As one commentator in the article Eddie linked said:

"You're not a DVD company and a streaming company: you're where I go to watch movies. That's it," said one commenter, Jeremiah Cohick. "The future clearly is streaming, but by separating and charging more for access, you're wildly less valuable to me. I'll likely cancel. You haven't listened to customer feedback. You're delusional and you're lost."

It doesn't matter how Netflix handles the split, it is still the underlying reason for the split that defines this entire matter.

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ConanDBull's picture

i just find it funny that I

ConanDBull
      CO
 
(Gorilla, 542
 
Points)
 on 9/20/11 at 2:39pm

i just find it funny that I 've been quoting Jason's NFL coaching dad Juan for the last 3 months lol

"Know what to do, know how to do it, and do it hard." - Juan Castillo

If you are in the Toronto Area join my group "Toronto Prospective Monkeys"
http://www.wallstreetoasis.com/group/toronto-prosp...

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UFOinsider's picture

Other fun PR/ marketing

UFOinsider
      O
 
(Human, 10,466
 
Points)
 on 9/20/11 at 3:14pm
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I just had my first UFO experience.

I called my wife fat while we were making dinner.

Flying saucers everywhere XD

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whatwhatwhat's picture

They completely fucked up on

whatwhatwhat
      HF
 
(King Kong, 1,431
 
Points)
 on 9/20/11 at 3:18pm
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whatwhatwhat's picture

how much is whitney tilson

whatwhatwhat
      HF
 
(King Kong, 1,431
 
Points)
 on 9/20/11 at 3:25pm
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In reply to Frieds
whatwhatwhat's picture

Frieds wrote: It doesn't

whatwhatwhat
      HF
 
(King Kong, 1,431
 
Points)
 on 9/20/11 at 3:39pm
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kingtut's picture

Whitney Tilson must be so

kingtut
      AM
 
 
(Gorilla, 634
 
Points)
 on 9/20/11 at 3:49pm
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jack_donaghy's picture

innovative company + solid

jack_donaghy
      IB
 
(Senior Baboon, 219
 
Points)
 on 9/20/11 at 4:47pm
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In reply to jack_donaghy
UFOinsider's picture

jack_donaghy

UFOinsider
      O
 
(Human, 10,466
 
Points)
 on 9/20/11 at 5:00pm

I just had my first UFO experience.

I called my wife fat while we were making dinner.

Flying saucers everywhere XD

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whatwhatwhat's picture

Netflix still has that whole

whatwhatwhat
      HF
 
(King Kong, 1,431
 
Points)
 on 9/20/11 at 5:14pm
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Weaponized Cum's picture

This should have been an add

Weaponized Cum
      IB
 
(Monkey, 48
 
Points)
 on 9/20/11 at 5:46pm
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FutureTrader21's picture

The future is

FutureTrader21
      AM
 
(Baboon, 111
 
Points)
 on 9/21/11 at 3:32am
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In reply to FutureTrader21
Frieds's picture

FutureTrader21 wrote: The

Frieds
      AM
 
 
(Neanderthal, 2,547
 
Points)
 on 9/21/11 at 4:55am
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whatwhatwhat's picture

Streaming is still a very

whatwhatwhat
      HF
 
(King Kong, 1,431
 
Points)
 on 9/21/11 at 2:47pm
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Frieds's picture

Whatwhatwhat, any change on

Frieds
      AM
 
 
(Neanderthal, 2,547
 
Points)
 on 9/21/11 at 2:55pm
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PJC2011's picture

This would be the equivalent

PJC2011
      IB
 
(Chimp, 1
 
Points)
 on 9/21/11 at 3:09pm
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whatwhatwhat's picture

I'll believe in effective DRM

whatwhatwhat
      HF
 
(King Kong, 1,431
 
Points)
 on 9/21/11 at 3:21pm
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wikit's picture

Hulu's offering price just

wikit
     
 
(Monkey, 42
 
Points)
 on 9/21/11 at 8:07pm

Life, liberty, and the happiness of pursuit.

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SpacemanSpiff's picture

Yep, I stand by my original

SpacemanSpiff
      HF
 
 
(Senior Baboon, 245
 
Points)
 on 9/22/11 at 9:37am
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JulianRobertson's picture

An asset manager in my city

JulianRobertson
      IA
 
(Senior Baboon, 232
 
Points)
 on 9/25/11 at 9:23pm
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Edmundo Braverman's picture

Netflix acknowledges the fuck

Edmundo Braverman
      ST
 
 
(Human, 14,705
 
Points)
 on 10/10/11 at 8:05am

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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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