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Last Updated: June 1, 2014
Welcome to Wizards of the Coast, the leader in entertaining the lifestyle gamer. Wizards of the Coast, its parent company, Hasbro, Inc. and its affiliates, licensors and third party partners (collectively, "Wizards, "we" "us" or "our") have created these Terms of Use to govern your use of Wizards' various consumer websites (collectively, "Websites"), as well as your interactions with us including, without limitation, registering an account, participating in organized play, contacting us, or posting in our forums ("Services"). Your use of our Websites or Services constitutes your acceptance of these Terms of Use as well as Wizards' Privacy Policy and Code of Conduct (both incorporated by reference)(collectively, "Terms of Use"). We may update these Terms of Use from time to time, at our sole discretion, and without notice. Your continued use of the Websites or Services after any such update constitutes your acceptance of such update. The Websites and Services may also contain additional terms that govern particular features or offers (for example, sweepstakes or special functionality).In the event that these Terms of Use conflict with additional terms and conditions, these Terms of Use shall control.
By visiting our Websites, contacting us or using the Services, you (1) acknowledge and agree that you have read and understand these Terms of Use, (2) agree to be bound by them, and (3) that you have the ability and authority to accept them.
If you do not agree with these Terms of Use or are unable to accept them, you are not authorized to use our Websites or Services or register an account.
A Note to Parents
Wizards strives to create the best and safest play experiences for gamers of all ages. To that end, we require that those wishing to create an account must be at least thirteen (13) years old, or have their parent or guardian's express written consent. Please be aware that certain areas of the Websites and certain portion of the Services may contain or provide access to more mature types of content. You or your child may be exposed to content that you find offensive, indecent, or objectionable. By visiting our Websites or using our Services, you assume all risk. We encourage parents to supervise their children's use of our Websites and Services and maintain open communication with them regarding appropriate online content and activities.
General Terms
1. Account Subscription.
a. Registration. While some elements of the Websites may be accessible to the public, certain aspects of the Services (e.g., creating a community profile, acquiring a subscription to online services, posting in forums, or participating in organized play) may require that you register an account. To register an account, you will be asked to provide your date of birth and country/region, and then provide an email address, a user name, a screen name and a password. To gain access to other Services (e.g., organized play, invitations to special events, forums, promotions, and prize payments), you may be asked to provide your full name, address, city, state, and country. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms for the Services ("Registration Data"); and (ii) maintain and promptly update the Registration Data, and any other account-related information you provide to Wizards.
b. Passwords; Security. You are entirely responsible for maintaining the confidentiality of your password. You also agree not to share your account, screen name, user name or password, and agree to notify Wizards immediately if you suspect any unauthorized use of your account. You further agree that you are entirely liable for all activities conducted through your account, and are responsible for ensuring that you or your child is aware of, understands, and complies with these Terms of Use and all other rules, policies, or notices published by Wizards.
c. Eligibility. Use of the Services is void where prohibited. By registering an account and using the Services, you represent and warrant that: (i) all Registration Data that you submit is truthful and accurate; (ii) you are thirteen (13) years old or older, or have your parent or guardian's consent as demonstrated by submittal of the appropriate paperwork (available at http://media.wizards.com/downloads/wizardsaccount/coppawizardsparentalconsentform_en.pdf); and (iii) your use of the Services will not violate any applicable law or regulation, these Terms of Use, or any other rules, policies, or notices published by Wizards. Your account may be deleted and your access to the Services terminated without warning if we believe that you are under thirteen (13) years old and are using the Services without parental/guardian permission. Please note that the purchase or use of certain Services may have different eligibility requirements, including a higher minimum age requirement, as specified in any additional terms governing such Services.
2. Use of Websites and Services.
a. License. Subject to your compliance with these Terms of Use, the Websites, Services, "fan kits," play test materials and other Wizards' offerings are provided to you on a nonexclusive, fully revocable basis, and solely for your individual and non-commercial use. Wizards may terminate or suspend any or all portions of the Websites or Services at any time and for any reason with no liability to you.
b. Restrictions. You agree not to engage in any of the following: (i) use any means including, without limitation, agents, robots, scripts, or spiders to access, monitor, data scrape, link or frame to content, images or artwork (except as expressly authorized by Wizards), or copy or transfer any part of the Websites or Services (including, without limitation, any Registration Data); (ii) probe, scan or test the vulnerability of the Websites or Services, or breach the security or authentication measures on the Websites or any part of the Services; (iii) reverse look-up, trace or seek to trace any Registration Data in any way and for any reason; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Websites or Services; (v) use any device, software or program to interfere or attempt to interfere with the proper working or authorized uses of the Websites or Services, or with any other person's use of the Websites or Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Websites or via the Services; (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity; (viii) use the Websites or Services in an illegal manner or for any unlawful purpose; or (ix) violate any applicable rules, policies, guidelines, or fan kit policies.
The Websites and Services are for your personal use and may not be used in connection with any commercial endeavors. Illegal or unauthorized use of the Websites or Services including collecting players' usernames or email addresses for the purpose of sending unsolicited email is strictly prohibited. Commercial advertisements (via emails, forums, etc.) and other forms of solicitation in violation of these Terms of Use may be removed from the Websites and Services without notice and may result in termination of your account.
c. Alpha/Beta Testing. The Services may include alpha or beta testing or other play testing of products or services, features, functionality, and all components thereof (whether in final or prerelease form). Except to the extent otherwise provided in another agreement between you and Wizards, your participation in any such activity and your use of any content, information, or other materials in connection with such activities are subject to these Terms of Use as well as any other applicable rules and requirements.
d. Consent to Account Access. To ensure that Wizards can provide high-quality services that are responsive to your needs, you understand that Wizards representatives will have access to your account, Websites usage, Registration Data, and purchasing information. You authorize our representatives to review such information as reasonably necessary to investigate complaints, to provide you with customer services, or for such other purposes as contemplated in our Privacy Policy.
3. Fees and Payments. Wizards uses third party payment providers (e.g., PayPal, Chase Paymentech and Digital River) to authenticate payment when you purchase our products and applicable Services. Wizards does not directly sell games or products, but rather works with its third party partners. When you directly purchase games or products from our Websites, you are not interacting with Wizards, but rather our third party partners. Please read the terms and conditions and privacy policies of applicable third party partners to understand their terms and conditions.
4. Links to Other Sites. The Websites and Services may contain links to third party websites. These links are provided as a convenience to you. We do not control and are not responsible for the content of such third party websites or the conduct of the operators of such third party websites, and we do not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third party websites. We encourage you to exercise discretion while browsing the Internet and other websites. If you decide to access linked third party websites, you do so at your own risk.
5. User Content. As part of your use of the Services, you may be able to create, include, refer to, transfer, upload, stream, display, host, promote, disseminate, post, make available, distribute, link to or transmit messages, artwork, text, displays, images, photographs, graphics, screenshots, data, databases, information, files, pictures, video, audio, music, software and other materials and content, whether in written, digital, oral, machine-readable, electronic or visual form, to our Websites or Services (collectively, your "User Content"). By posting or submitting any User Content to or through the Websites or Services, you hereby irrevocably grant to Wizards a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to, rights under copyright, trademark or patent laws under any relevant jurisdiction.
You represent and warrant that: (a) you own or control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Websites and Services; (b) the User Content is accurate and not misleading; (c) the User Content and your use of such User Content does not violate any law, rule or regulation; (d) the User Content is not inappropriate, profane, indecent, harmful, threatening, abusive, defamatory, harassing, tortuous, vulgar, obscene, libelous, pornographic, harmful to minors, racially, ethnically or otherwise objectionable or that may be invasive of another's right of privacy or publicity; (e) your User Content does not contain any macro, bot, virus, trojan horse, keystroke logger, worm, time bomb, cancelbot, corrupted data or other file, code or computer programming routing that is intended to or results in damage, detrimentally interferes with the Websites or Services; and (f) User Content you supply does not violate these Terms of Use and will not violate any rights of any third party or cause injury to any person or entity. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any User Content posted by you.
You are solely responsible for the User Content that you post, store or upload on or through the Websites and Services. Wizards does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded on or through the Websites and Services; however Wizards reserves the right to delete, screen or edit any User Content posted, stored or uploaded at any time and for any reason without notice. Without limiting the foregoing, Wizards may remove any User Content that in the sole judgment of Wizards violates these Terms of Use.
6. Intellectual Property Ownership; Rights Granted to You. The Websites and Services (including all Wizards' generated content residing thereon) are the sole property of Wizards, and are protected by copyright, trademark, and other intellectual property laws (Wizards' Intellectual Property"). You are granted a limited, revocable, non-sub-licensable right to access and use Wizards' Intellectual Property solely in connection with your personal and non-commercial use of the Websites and Services. Any use of Wizards' Intellectual Property other than as specifically authorized by Wizards is strictly prohibited and will terminate the rights granted herein. All goodwill generated by your use of Wizards trademarks shall automatically inure to the benefit of Wizards.
Notwithstanding the foregoing, Wizards' various fan kits provide you with access and permission to use certain pre-approved images, logos, and other Wizards materials for limited purposes. Use of that content is permitted pursuant to the terms and conditions of the applicable fan kit.
7. Organized Play.
a. DCI Accounts. As part of the Services, Wizards provides players an opportunity to engage in organized play activities for its games (e.g., Magic: The Gathering, Dungeons & Dragons, Kaijudo, Duel Masters, etc.). To be eligible to participate in organized play, you must activate a DCI number as part of our account. DCI numbers are unique identifiers used to track your organized play standings and player progress. You may acquire a DCI number through online account creation, by visiting an authorized Wizards' Play Network retail location, or by participating in an independent authorized organized play event. Once you activate your DCI number, your play activities will be entered into Wizards' organized play databases and you will be eligible to compete in sanctioned event play.
b. Rules and Enforcement. By participating in organized play, you expressly acknowledge and agree to comply with any official organized play and tournament rules (see rules for Magic: The Gathering and Kaijudo) updated and published by Wizards from time to time and incorporated herein by reference (see applicable game websites for current rules). Organized play events are adjudicated by members of the Wizards' community who provide us with reports regarding play (win/lose records) as well as player behavior, conduct, and violations of tournament rules and the Code of Conduct, and recommendations regarding disciplinary actions. While we reserve the right to review or not review any reported violation of the foregoing, Wizards will generally enforce the community member's recommendations. Some violations may be referred to a committee of rules judges for review and recommendations. While we do not disclose your personal contact information to judges unless you provide us with express permission, we recommend that you work with judges while they conduct their investigations. By participating in organized play events, you expressly consent to this enforcement process as well as any other enforcement procedures or guidelines published by Wizards at its sole discretion. You also agree that all disciplinary decisions regarding actual or alleged violations of tournament rules and the Code of Conduct are final, at Wizards sole discretion, and that Wizards has no liability to you whatsoever in regards to such investigations and decisions. You expressly acknowledge and agree that participating in organized play is voluntary and for entertainment purposes only. By participating in organized play, you waive any cause of action against Wizards, judges, or any other member of the Wizards' organized play community arising from or related to your participation.
c. Waiver and Consent. By participating in organized play events you agree to the following:
(i). You agree to comply with all rules, regulations, and behavior standards applicable to the event you participate in, as may be modified from time to time in Wizards' sole discretion. You understand and agree that all decisions of Wizards and its authorized representatives, independent tournament organizers ("ITOs"), and judges with respect to such an event are final.
(ii). You are legally competent to agree to this release, or your parent or guardian has also read and agree to this release on your behalf.
(iii). You agree that Wizards, exhibitors of the event, assigns, licensees (collectively, "Event Affiliates"), and ITOs may photograph and record you and may display, distribute, create derivatives, exhibit, broadcast, edit, advertise, publicize, promote, and use aforementioned photographs and recordings in connection with the applicable event, other Wizards related events, products manufactured or licensed by or on behalf of Wizards, and in connection with advertising to promote the aforementioned events or products. You further agree and expressly consent that Wizards and its Event Affiliates may display my name, city, event record and event pairings online through websites and social media services to facilitate the event. You waive any personal or proprietary rights with respect thereto. You represent and warrant to Wizards that you have not made any contract or commitment in conflict with this grant, and that you will seek no further consideration for any use contemplated by this Section 7(c)(iii).
(iv). Wizards may, at its sole discretion, invite you to participate in its organized play programs (e.g., the Pro Tour Players' Club program). Your participation in such programs is subject to acceptance of all Wizards' then current rules and conditions. Wizards reserves the right to terminate any organized play program, or your participation in such program, at any time and for any reason at its sole discretion.
(v). If eligible, you may receive an award for participating in an organized play event, and Wizards may, in its discretion, modify or terminate any award or the award structure. The following limitations shall apply to any award received by you as a result of your participation in the event:
1. General. Awards are non-transferable, non-negotiable, and not redeemable for an alternative award except in Wizards' sole discretion. All expenses and taxes not specified herein are your responsibility and you acknowledge Wizards' recommendation that you consult a tax advisor in your jurisdiction.
2. Cash award. Any cash award will be distributed to you according to Wizards' then-current policy for distribution.
3. Appearance Fee award. In order to receive an appearance fee, you must attend, compete in at least three rounds of a tournament (not including rounds in which the member received a bye), and be listed as finishing in the applicable tournament for which you are to receive the appearance fee and participate in all mandatory aspects of the event, including without limitation media interviews or specialty events.
Notwithstanding the forgoing, Wizards reserve the right to award or withhold appearances fees at its sole discretion.
All appearance fees are subject to the following additional terms and conditions:
Appearance fee awards are processed in the same manner as prize awards for events and are generally mailed out six weeks after the event and all required information is received by Wizards of the Coast.
4. Airfare award. For the applicable tournament, Wizards or its designate will provide one (1) roundtrip coach ticket on an airline of its choice from the airport nearest your home to the tournament host city. You will adhere to all instructions provided by Wizards or its designate in booking such air ticket. Travel dates will include the days of the applicable tournament or championship. All other fees including, but not limited to, baggage fees, lodging, meals, ground transportation, gratuities, travel documents, and fees caused by changes to airline reservations, are solely your responsibility. You agree to travel on dates designated by Wizards or award will be forfeited. All flight arrangements are subject to availability.
5. Hotel Room award. Eligibility to win a hotel room award begins thirty (30) days after a player has obtained a level that includes this benefit. Wizards or its designate will provide one (1) standard hotel room at a hotel of its choice for the dates of the applicable tournament or championship. You will adhere to all instructions provided by Wizards in booking such a hotel room. All other fees including, but not limited to, airfare, meals, ground transportation, gratuities and fees caused by changes to hotel reservations, are your responsibility. You agree to occupy the room on dates designated by Wizards or award will be forfeited. All hotel arrangements are subject to availability.
(vi). You agree to release, indemnify, and hold Wizards, Event AFFILIATES and ITOs harmless from any and all loss, injury, damage, claim, and action of any kind in connection with or arising from Your PARTICIPATION in an Event (including without limitation, judging decisions) or any award including, without limitation, personal injuries, death, property damage, or claims based on publicity rights, defamation, or invasion of privacy, whether suffered by YOU or a third party, however caused, and whether foreseen or unforeseen. Wizards, its Event affiliates, and itos are not responsible for injury or damage of any kind related to or resulting from participation in the Event.
(vii). Wizards is not obligated to exercise any of the rights granted herein.
(viii). The terms of this Section 7(c) shall serve as a release and assumption of risk for your heirs and all members of your family, including any minors accompanying you. You understand this is a binding contract that supersedes any other agreements or representations, and is intended to provide a complete release of liability. The specific rights of the parties may vary from state to state and country to country.
d. Planeswalker Points. By participating in sanctioned organized Magic: The Gathering event (each a, Sanctioned Event"), your participation and game play results are reported to Wizards. Each time you play in a Sanctioned Event, you get Planeswalker Points ("Points") that help you to level up in the Planeswalker Points Program "PWP Program."
(i) Points, Badges, and Achievements. You are able to get Points and level up in the PWP Program by participating in Sanctioned Events. Different types of Sanctioned Events and different types of play will allow you to get Points in the following PWP categories: Lifetime Points, Seasonal Award Points, Yearly Award Points, FNM Points, and Professional Points. You can get Lifetime Points by participation in all types of Sanctioned Events and these Points are the basis for your level designation (e.g., a Task Mage is a player who has achieved Level 11 and has 50 Lifetime Points). Seasonal Award and Yearly Award points are accrued through Sanctioned Event play (excluding Pro Tour, World Magic Cup, and Magic: The Gathering Players Championship tournaments), but do not include casual play. You can get FNM Points by playing at Friday Night Magic events. You can get Professional Points only by participating in pro level events. (Pro Level Events are Grand Prix, Pro Tours, the World Magic Cup, and the Magic: The Gathering Players Championship (each a "Pro Level Event")).
The Points you earn playing in Sanctioned Events will be recorded, tracked and made viewable to you in your PWP Account. Each account holder is responsible for ensuring the accuracy of his or her PWP Account and is encouraged to check his/her PWP Account regularly. If you believe that your PWP Account is inaccurate, you must notify the Wizards by contacting Customer Support at (800) 324-6496 in the U.S. and Canada, or 001 (425) 204-8069 for other countries, or complete the Appeal Form located here within one year of the event date that generated the Points at issue. NOTE: YOUR SEASONAL AWARD, YEARLY AWARD, FNM, AND PROFESSIONAL PLANESWALKER POINTS ACCRUALS WILL RESET AT THE END OF EACH PWP CATEGORY'S RESPECTIVE SEASON, RETURNING YOUR POINT BALANCE TO ZERO FOR THE NEXT SEASON.
From time to time, Wizards, at its sole discretion, may also award badges and achievements to you under the PWP Program. Your Points and any badges and achievements awarded to you have no cash value and only apply to the PWP Program. Points, badges and achievements do not constitute your personal property, may not be transferred or assigned, and may be revoked by Wizards at any time and for any reason. Wizards has the right to recalculate, adjust, reduce, or modify the Points in your PWP Account and the number of Points awarded to you at any time, to change the PWP categories set forth in this Section 7(d)(iii) and add to or eliminate badges and achievements, at its sole discretion without prior notice to you. In the event that a Sanctioned Event is determined by Wizards to have been administered or run in violation of any policies, guidelines or rules including, without limitation, the Magic Tournament Rules, the event will be invalidated and any Points, badges or achievements you received for participating in such event will be removed from your PWP Account.
Furthermore, you acknowledge and agree that the PWP is for entertainment purposes only and that the PWP, its Points, badges and achievements may be deleted, changed, terminated or modified at any time with no liability to you.
To learn more about the different types of Sanctioned Events, the associated Points for each type of play, PWP Program levels, Pro Level Events, and the Premier Multiplier go here [LINK].
For more information about badges and achievements go here [LINK].
(ii) Point Forfeiture and Lose of Badges or Achievements.
1. Suspension of your PWP Account. In the event that Wizards suspends your PWP Account for violation of any of the rules, requirements and/or guidelines set forth in Section 11 of these Terms, Wizards may deduct Points from your PWP Account and/or revoke some or all badges and/or achievements awarded to you. The number of Points deducted and/or whether badges/achievements will be revoked will be decided by Wizards depending upon the level of severity of your violation, at Wizards' sole discretion. (See the Magic Tournament Rules for details). [LINK] NOTE: deduction of Points from your PWP Account and/or revocation of badges and achievements for any reason may result in a lower achievement level designation (e.g., from Adept to Task Mage) and may also cause you to level down in your standing in other aspects of the PWP Program including, in the Pro Tour Players Club. (See the Pro Tour Players Club Guidelines and Procedures for more information. [LINK])
2. Cancellation of your PWP Account. You may not combine, transfer or attempt to sell your Points, badges and/or achievements to another PWP Account holder. Any attempt to circumvent this policy will result in immediate cancellation of your PWP Account, forfeiture of your Points and revocation of your badges and/or achievements. If Wizards cancels your PWP Account for any reason (including, without limitation violations of Wizards' Code of Conduct, Privacy Policy, Terms of Use, the Tournament Rules, or these PWP Terms, and/or if any Wizards.com account or other account related to Wizards' goods and/or services is not in good standing for any reason), any Points accrued to your PWP Account will be forfeited, you will lose your badges/achievements and you will not be permitted to play in any future Sanctioned Events pursuant to the Magic Tournament Rules [LINK]. If you voluntarily cancel your PWP Account, all Points accrued in your PWP Account will be forfeited immediately and any badges/achievements you have accrued to that point will be revoked. Cancellation of your PWP Account for any reason will not remove your name from previously published listings related to prior game play, ratings, and/or results.
(iii). PWP Program Invitations and Byes. As you play Magic in Sanctioned Events, accrue more Points, and level up in your ranking through the PWP Program, you may also get invitations to play Magic in invitation-only Pro Level Events and may receive Byes for Grand Prix events. You can get invitations to Pro Level Events by accruing Points in the various PWP categories and receive Byes as follows:
1. Magic: The Gathering Players Championship: At the end of the Professional Season (as defined below), the top ranked eligible players from various geographical locations worldwide (as determined by Wizards in its discretion), may receive an invitation from Wizards to play in the Magic: The Gathering Players Championship. Ranking will be based upon your accumulated Professional Points during the Professional Season and the number of players selected will be determined by Wizards based upon the Premier Event Invitation Policy [LINK].
2. Magic The Gathering World Magic Cup: At the end of the Professional Season (as defined below), the top ranked eligible players from various countries worldwide (as determined by Wizards in its discretion), may receive an invitation from Wizards to play in the World Magic Cup event. Ranking will be based upon your accumulated Professional Points during the Professional Season and the number of players selected will be determined by Wizards based upon the Premier Event Invitation Policy. Note: Some countries have residential restrictions regarding participation in these types of events, which may affect your participation in the World Magic Cup. Please see the Premier Event Invitation Policy for more information [LINK].
3. Pro Tour Players Club: At the end of the Professional Season (as defined below), eligible players that have accumulated the required number of points (as determined by Wizards in its discretion), may receive a level designation of Silver, Gold, or Platinum level in the Pro Tour Players Club for the remainder of that Season and for the immediately subsequent Professional Season. Each level has particular awards as determined by Wizards based upon the Pro Tour Players Club Guidelines and Procedures [LINK] and the Premier Event Invitation Policy. Awards may include invitations to Pro Tour and World Magic Cup Qualifier events, and Byes at Grand Prix events. Your Pro Tour Players Club level will be based upon your accumulated Professional Points during the Professional Season and the number of points required for each level will be determined by Wizards based upon the Pro Tour Players Club Guidelines and Procedures [LINK].
4. Byes. Byes are "wins" that are awarded during the early rounds of Grand Prix events (each a "Bye") and includes three types of Byes: a 1-Round Bye, 2-Round Byes, and 3-Round Byes. If you are awarded a Bye, you will not participate in the first one, two, or three round(s) of the Grand Prix event to which the Byes are applied (dependant on the type of Bye awarded to you), but you will have Points awarded to you for those rounds as if you had played and defeated an opponent. Byes may also be awarded based on other criteria as set forth in the Premier Event Invitation Policy [LINK]. Byes are not cumulative within a given Grand Prix event or throughout any Season. Byes may not be passed down for any reason and are not transferable to other players. Byes may not be deferred from one Grand Prix event to another or from one Season to another. Players who accumulate multiple Byes to a Grand Prix event will receive only the Bye for the greatest number of rounds (3-round maximum).
Wizards' Planeswalker Point Seasons are made up of a series of Sanctioned Events during a period specified by Wizards (each a "Season") and are not based on a standard calendar year. The PWP Program includes the "FNM Season", the "Seasonal Award Season", the "Yearly Award Season", and the "Professional Season" as further defined and set forth in the Premier Event Invitation Policy, which is incorporated into these Terms by this reference. Go here for more information [LINK]. The number of Seasons that offer invitations and/or Byes to various Pro Level Events may vary per PWP category, per Season, and from year-to-year, in Wizards' discretion. The number of players to receive invitations under a particular PWP category may also change from Season to Season, and/or from year-to-year, at Wizards' discretion. All invitations from Wizards to play in one or more of the Pro Level Events set forth above and any Byes are subject to the terms and conditions of Wizards' Premier Event Invitation Policy [LINK]. Wizards reserves the right to cancel or modify an invitation and/or Bye(s) at any time, at Wizards' discretion. In the event that you violate any of the rules, requirements, and/or guidelines set forth in the Code of Conduct, Wizards may revoke your invitation and/or Bye(s), at Wizards' discretion.
e. Other Policies. By participating in organized play, you are agreeing to other organized play terms and conditions which we may publish from time to time and at our sole discretion. The other policies are incorporated by this reference and include, but are not limited to, the following:
8. Privacy Notice. In addition to the disclosures contained in these Terms of Use, please refer to our Privacy Policy for information on how we collect, use and disclose your personally identifiable information. Keep in mind that information you provide in any community profiles may be searchable by the general public unless you set your profile to "Private." To change your profile privacy settings, go to your account's profile page's account settings. In this section, you may also change your profile information, who can view your page, as well as control how we communicate with you. All postings you make in community forums may be viewed by the public unless such forum topic is designated as "private."
9. No Warranties. WIZARDS PROVIDES THE WEBSITES, THE SERVICES, ACCOUNTS AND ALL OTHER FEATURES, PRODUCTS AND DOCUMENTATION "AS IS." WIZARDS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, we do not ensure continuous, uninterrupted, error-free, secure or virus-free operation of our Websites, Services, or your account. Nor do we ensure that defects in any portion of the same will be corrected. Wizards may change, modify, disable, suspend or remove any such feature, product, service, software, art, graphics or other content, in whole or in part, at its sole discretion. Wizards does not control or endorse User Content or the related content, messages, facts, views, opinions, recommendations, data, files, video, audio, graphics or information exchanged by means of the Sites including, without limitation, information contained in the public postings areas of the Websites or Service and information provided or statements made by a celebrity, "expert," or similar guests and, therefore, Wizards specifically disclaims any liability resulting therefrom. You acknowledge that the Websites and the Services have not been developed to meet your individual requirements. Wizards disclaims suitability of the Websites and Services for any purpose. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control.
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text:
2-Door Coupe 3.2L
MSRP based on 2-Door Coupe 3.2L
MSRP based on 2-Door Coupe 3.2L
MSRP: $41,600View Classifieds
Quick Specs
Gas Mileage 21 mpg City/29 mpg Hwy
Engine Gas V6, 3.2L
EPA Class Sub-Compact
Style Name CLK320 Coupe
Drivetrain Rear Wheel Drive
Passenger Capacity 4
Passenger Doors 2
Body Style 2dr Car
Transmission Electronically-controlled 5-speed automatic transmission-inc: driver-adaptive computer control, OD, winter mode select for forward & reverse starts
EPA Classification Sub-Compact
Weight Information
Base Curb Weight (lbs) 3240
Interior Dimensions
Passenger Capacity 4
Front Hip Room (in) 53.7
Front Leg Room (in) 41.9
Second Shoulder Room (in) 50.4
Passenger Volume (ft³) 81
Second Head Room (in) 35.6
Front Shoulder Room (in) 52.8
Second Hip Room (in) 45.9
Front Head Room (in) 36.9
Second Leg Room (in) 31.1
Exterior Dimensions
Wheelbase (in) 105.9
Track Width, Rear (in) 58.0
Height, Overall (in) 54.0
Length, Overall (in) 180.2
Min Ground Clearance (in) - TBD -
Track Width, Front (in) 59.3
Width, Max w/o mirrors (in) 67.8
Liftover Height (in) - TBD -
Cargo Area Dimensions
Trunk Volume (ft³) 11.0
Fuel Economy
Fuel Tank
Fuel Tank Capacity, Approx (gal) 16.4
EPA Fuel Economy Est - City (MPG) 21
EPA Fuel Economy Est - Hwy (MPG) 29
Performance Specs
Engine Order Code NA
SAE Net Torque @ RPM 229 @ 3000-4600
Fuel System SMPI
Engine Type Gas V6
SAE Net Horsepower @ RPM 215 @ 5700
Displacement 3.2L/195
Drivetrain Rear Wheel Drive
First Gear Ratio (:1) 3.93
Sixth Gear Ratio (:1) NA
Trans Description Cont. Automatic w/OD
Fourth Gear Ratio (:1) 1.00
Final Drive Axle Ratio (:1) 3.07
Trans Order Code NA
Second Gear Ratio (:1) 2.41
Reverse Ratio (:1) 3.10 (1.90 Winter Mode)
Trans Description Cont. Again Electronic
Fifth Gear Ratio (:1) 0.83
Seventh Gear Ratio (:1) NA
Trans Type 5
Third Gear Ratio (:1) 1.49
Clutch Size (in) N/A
Brake Type Power
Rear Brake Rotor Diam x Thickness (in) 11.3 x .39
Disc - Rear (Yes or ) Yes
Brake ABS System 4-Channel
Drum - Rear (Yes or ) NA
Front Brake Rotor Diam x Thickness (in) 11.7 x 1.1
Disc - Front (Yes or ) Yes
Rear Drum Diam x Width (in) NA
Steering Type Pwr Recirculating Ball
Turning Diameter - Curb to Curb (ft) 35.1
Steering Ratio (:1), Overall 15.85
Turning Diameter - Wall to Wall (ft) - TBD -
Lock to Lock Turns (Steering) 3.2
Front Tire Order Code NA
Spare Tire Size 205/55HR16
Front Tire Size 205/55HR16
Rear Tire Order Code NA
Rear Tire Size 205/55HR16
Spare Tire Order Code NA
Front Wheel Size (in) 16 x 7
Spare Wheel Material - TBD -
Front Wheel Material Alloy
Rear Wheel Size (in) 16 x 7
Rear Wheel Material Alloy
Spare Wheel Size (in) 16 x 7
Suspension Type - Front Double Wishbone
Shock Absorber Diameter - Rear (mm) - TBD -
Suspension Type - Rear (Cont.) w/Coil Springs
Suspension Type - Rear 5-Link
Stabilizer Bar Diameter - Front (in) - TBD -
Shock Absorber Diameter - Front (mm) - TBD -
Suspension Type - Front (Cont.) w/Coil Springs
Stabilizer Bar Diameter - Rear (in) - TBD -
Safety Features
Air Bag-Frontal-Driver Yes
Air Bag-Frontal-Passenger Yes
Air Bag-Passenger Switch (On/Off) No
Air Bag-Side Body-Front Yes
Air Bag-Side Body-Rear No
Air Bag-Side Head-Front No
Air Bag-Side Head-Rear No
Brakes-ABS Yes
Child Safety Rear Door Locks No
Daytime Running Lights No
Traction Control Yes
Night Vision No
Rollover Protection Bars No
Fog Lamps Yes
Parking Aid No
Tire Pressure Monitor No
Back-Up Camera No
Stability Control Yes
Other Features Anti-lock brakes (ABS)
Brake assist system (applies full braking pwr automatically when...
Dual front airbags w/BabySmart auto passenger-side airbag...
Door mounted side impact airbags
Height-adjustable 3-point seat belts w/emergency tensioning...
Automatic Slip Control traction control system (ASR)
9 mph automatic door locks
Crumple-zone body structure
Brake assist system (applies full braking pwr automatically when...
Dual front airbags w/BabySmart auto passenger-side airbag...
Door mounted side impact airbags
Height-adjustable 3-point seat belts w/emergency tensioning...
Automatic Slip Control traction control system (ASR)
9 mph automatic door locks
Crumple-zone body structure
Basic Miles/km 50,000
Basic Years 4
Corrosion Miles/km 50,000
Corrosion Years 4
Drivetrain Miles/km 50,000
Drivetrain Years 4
Roadside Assistance Miles/km Unlimited
Roadside Assistance Years Unlimited
Other Specs
Cooling System
Total Cooling System Capacity (qts) - TBD -
Cold Cranking Amps @ 0° F (Primary) 100
Maximum Alternator Capacity (amps) 115
Dead Weight Hitch - Max Trailer Wt. (lbs) - TBD -
Wt Distributing Hitch - Max Tongue Wt. (lbs) N/A
Dead Weight Hitch - Max Tongue Wt. (lbs) - TBD -
Wt Distributing Hitch - Max Trailer Wt. (lbs) N/A
Looking for other models of the Mercedes-Benz CLK Class?Read reviews & get prices
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subset: commoncrawl


text:
Road trip fun!!!
What better time to write about Saturday's road trip to Philly than while watching the final game of the series on ESPN? I was disappointed to see Schneider isn't catching tonight (doesn't seem like his bruise is serious, though) because Pelfrey has even admitted that Schneider helps him out on the mound. I don't think we'll see Pelf's best without the veteran catcher. (Ok, and yeah, while I write this entry Pelfrey gives up a 3-run homer to Utley. Ack.) But in the meantime, I'll tell you how fun it was to see our boys kick tushy at Citizens Bank Park yesterday!!! The full flickr album can be seen here.
I had nothing to worry about at Citizens Bank Park. The Phillies fans were harmless. And one even congratulated me on my good-natured comebacks to his taunting. But more on that later!
Friday night, after Coop and I reveled in Santana's win (and the Rangers too) at the Blind Pig, we had a slumber party at her place before driving off to Philly in the morning with Anthony (aka Dykstraw) and his buddy Kevin.
Soon, the gang was all gathered in Lot N of CBP's parking lot to tailgate. Matty and Ted brought cameras, a mike, and SNY buddy Jason to film the experience for SNY.tv. Tracy brought delicious food, Ryan brought whiffle ball. We had beers, games, good company, sun, fun, and an all around great time.
Matt, Anthony, Ryan, and others made it look much prettier, I assure you.
Know what else makes a tailgate fun? Free stuff! Parting gifts!! A group of clever dudes had made a "Philly Sucks" t-shirt with an awesome quote from
Pedro Martinez. They gave Matty one, and when I ran over to see if they had more, they kindly gave me one too! I heart it!
It's quite big, kids XL, but I hope I can be creative and figure out how to sport it for a Mets/Phils game at Shea. The shirt? Just plain ROCKS. (Ooh! Our boys just tied it up in the 6th! I "WOO-ed" in my own apartment!)
Coop and I heard our first real "boos" on our way into the stadium. There's a lot of parking lot to travel from Lot N, and the walk was just one big boo.
But once inside, things weren't so bad! I'd been told Citizens Bank Park is beautiful, and indeed, I can't argue. On our way in, I heard a Phils
fan say, "Should we boo them now?" and he started booing. I turned around with a smile and said "No, you should boo us when we're winning," and he and his girlfriend just laughed good-naturedly.
Our seats were about as high as you can get, literally, at that ballpark. But they were still pretty good. It makes me think they're telling the absolute
truth that every seat at Citi Field will
be worthwhile. And yes, it makes me more excited for our spanking new ball park.
We wouldn't stay in our seats long, though. We went to meet the other Girls of Spring, Stefi and Rebecca, at their standing-room-only spots right behind home plate. What fun we would have there! Matty, Ted, and Jason stopped by to hang, Brooklyn Met Fan Adam made an appearance, and Dykstraw finally found us there too. Plus, there were Mets fans everywhere. We made friends with some–it felt like we were around our people. Yes, there was one verrrrrry obnoxious (and verrrrrry drunk) Phils fan running at the mouth, but his taunts were so truly lame that it actually felt like stand up comedy! The dude almost got beat up by his own team's fans, so you can imagine what a dumb douchie he was.
You can't tell from the pics, but I was wearing a shirt with John Maine's # on the back. I felt a tap on my shoulder and heard "Is that a John Maine jersey?" I made a sympathetic face at the Phils fan and spoke slowly "It's a tee-shirt."
"John Maine sucks!" he said.
"Your mommy," I responded.
His friends laughed, he laughed, and he shook my hand. "That's nice," he said. "Hey, I'll wear a John Maine jersey"
"If they make them in your size," I said. He wasn't unusually big, it just seemed like a reasonable taunt. And he agreed. I felt at that moment like a poster-child for good-natured rivalry.
To top it all off, with all the tailgate fun, the beautiful ball park, the sun and breeze, our boys gave us the win! Oh, that was sweet. Sure, it got interesting there for a bit, but kudos to Heilman (ohhhh I was nervous!) for getting out of it, a pat on the back to Wagner for the save in his former city, and thanks to Ollie Perez for 5 truly solid innings. And how 'bout our Jose Reyes? Keep it up, buddy. The media will love their "Jose being Jose" and "Did Carlos Beltran show leadership" for at least another three weeks.
I haven't quite figured out the best way to post pics on the newfangled mlblogs, but here are some of my faves! And remember for more, just check out the flickr album.
I will also let you laugh at me, in my first ever at bat. We will thank our lucky stars that our boys never look anything like this. Not even Ollie Perez 🙂


text:
Airport noise linked to heart disease
Exposure to high levels of aircraft noise is associated with an increased risk of cardiovascular disease, find two studies published on bmj.com today.
Previous studies of exposure to aircraft noise have examined the risk of hypertension, but few have examined the risk of cardiovascular disease and results are inconsistent. So researchers based in London set out to investigate the risks of stroke and heart disease in relation to aircraft noise among 3.6 million residents living near London Heathrow, one of the busiest airports in the world.
They compared hospital admissions and mortality rates for stroke, coronary heart disease, and cardiovascular disease from 2001-05 in 12 London Boroughs and nine districts west of London. Levels of aircraft noise for each area were obtained from the Civil Aviation Authority (CAA).
The researchers found increased risks of stroke, coronary heart disease, and cardiovascular disease for both hospital admissions and mortality, especially among the 2% of the study population exposed to the highest levels of daytime and night time aircraft noise.
Factors that could have affected the results, such as age, sex, ethnicity, social deprivation, smoking, air pollution, and road traffic noise were also taken into account. Accounting for the prevalence of people of South Asian ethnicity reduced the observed risks for hospital admissions for coronary heart disease and cardiovascular disease.
However, the authors were unable to distinguish between night time and daytime noise and say more research is needed to determine if night time noise that disrupts sleep may be a mechanism underlying these associations.
They stress that further studies are needed to test whether aircraft noise causes these increases in risk or if these results can be explained by some other unmeasured (confounding) factors.
"How best to meet commercial aircraft capacity for London and other major cities is a matter of active debate," they say. "However, policy decisions need to take account of potential health related concerns, including possible effects of environmental noise on cardiovascular health."
Scottsdale airport photo via Shutterstock.
Read more at EurekAlert.


text:
Visit by Zanzibar police commissioner to INTERPOL focuses on boosting regional security
LYON, France – Zanzibar's Commissioner of Police Hamdan Omari Makame has met with INTERPOL Executive Director of Police Services Jean-Michel Louboutin to discuss international security issues affecting Zanzibar and to seek support from the world police body to enhance security and safety in the region.
The meeting at INTERPOL's General Secretariat headquarters follows the first INTERPOL Evidence Exploitation Initiative (EVEXI) anti-piracy case coordination meeting held in Zanzibar in October 2013 which saw the creation of the first piracy Joint Investigation Team (JIT) between Kenya, Seychelles and Tanzania in Zanzibar.
During their visit to INTERPOL, Commissioner of Police Makame and his delegation were also briefed on INTERPOL's current activities to support member countries in combating all forms of transnational crimes, including terrorism, maritime crime, drug trafficking and wildlife crime. The delegation included Assistant Superintendent Shagihilu Nteminyanda from INTERPOL's National Central Bureau in Dar-Es-Salaam.
With the Zanzibar Police Commissioner's office falling under the Tanzania Police Force, Commissioner Makame said: "I once again appreciate the continued cooperation which has been always provided by INTERPOL to Tanzania on different initiatives. The Tanzania Police Force will continue cooperating and supporting INTERPOL in the fight against transnational organized crime."
The visitors were also given an overview of INTERPOL's Capacity Building Training initiatives and visited its Command and Coordination Centre.


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Delaware County Sheriff's Deputies, their K-9 unit and State Troopers, arrested 3 area residents on Sealed Grand Jury Indictment Warrants issued by the Delaware County Court following a home invasion robbery investigation. Arrested were 32-year-old Leon Grizzard of South Kortright, 27-year-old Amanda Gahan of Walton and 27 year old Andrew Dougherty for 1st degree Robbery, 1st degree Burglary, Petty Larceny and Criminal Mischief, in connection with a home invasion robbery in the Town of Tompkins in June 2012. The 3 are accused of robbing the residents at gunpoint & taking cash and drugs. Grizzard and Gahan were arrested in Hobart, where a search led to the seizure of heroin, hypodermic instruments and marihuana. Following the search, Deputies arrested Leon Grizzard and Jeremy Key of Hobart for Criminally Possessing a Hypodermic Instrument and Unlawful Possession of Marihuana. Grizzard, Dougherty and Gahan were arraigned and were remanded to the Delaware County Jail without bail pending further court proceedings. Key was issued an Appearance Ticket for the Town of Stamford Court.
State troopers arrested 29-year-old Steven Fish of Kirkwood as a wanted person on an arrest warrant, as well as criminal possession of a controlled substance and unlawful possession of marihuana. Fish was located by troopers in Kirkwood, while being searched Fish was found to possess methamphetamines and marihuana. Fish was arraigned in the Kirkwood town court and remanded to the Broome County Jail in lieu of $1,000 cash bail.
Delaware County Deputies investigated a two-car personal injury auto accident on County Hwy 14 in the Town of Meredith. 21-year-old Danielle Motyka of Hannibal was traveling on County Highway 14 when she struck another vehicle being operated by 23-year-old Connor Hornbeck of Sidney. Motyka was transported to O'Connor hospital with minor injuries. So far, no tickets have been issued.
New York was ranked as having the worst business climate in the country. The Tax Foundation said New York has annually been at or near the bottom of the group's ranking. The group based its findings on a number of taxes: corporate taxes, property taxes, income taxes and unemployment insurance costs. The report found New York ranked 25th in the nation in corporate taxes and 49th in income taxes. The state ranked 38th in sales tax and 45th in property taxes.
The New York State DEC has extended the deadline to apply for $45 million in grants for Water Quality Improvement Projects through December 13. The program is a competitive, reimbursement grant program for projects that improve water quality, reduce polluted runoff and restore habitat in New York's bodies of water. Recipients can be reimbursed 75 percent to 85 percent of the project costs. For more information go to dec.ny.gov.
New York joined six other states in suing the federal EPA for violating the Clean Air Act, by failing to limit air pollution emissions from residential wood-heaters. State Attorney General Eric Schneiderman said the lawsuit claims the existing 25 year-old EPA emission limits are outdated, not being enforced and leave out many types of residential wood-heaters. The state DEC regulates outdoor wood-heaters and in 2010 ordered that all new outdoor wood-heaters cut emissions by 90 percent.


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OCEAN CITY — In all walks of life, the family is a powerful unit. Today, a growing number of families are putting that power to work by adopting family mission statements.
"Businesses have used mission statements to define a common purpose and as anchoring points for many years — and that's exactly the way families are using them now," explains Stacy Allred, director of the Wealth Structuring Group at Merrill Lynch.
Some families look for ways to ensure that future generations will inherit values along with money, or they may seek to build a philanthropic legacy. Co-owners of a family business or a large estate may hope to prevent conflicts, or may prescribe a method of resolving any that arise. A mission statement can provide foundational concepts that help clarify many decisions down the line. For example, it can begin to outline the way your family wants its money to be used — whether for education, entrepreneurship or philanthropy.
"Every family can benefit from a mission statement, regardless of level of wealth," Allred says. "Coming together behind a shared purpose strengthens the bonds within the family and also guides the family and individual members through daily and major life decisions to help realize its goals."
Family statements can come in all shapes and sizes, but there are rules of thumb that all families should keep in mind. Here, Allred outlines three steps to creating an effective family mission statement. Next week we will look at five more steps to consider.
1. Involve everyone. Ideally, the entire family should have a hand in developing the mission statement.
2. Define your values. Ask each family member: "What would you like this family to stand for? What are your aspirations for the family as a whole and for yourself?" Family values can range from overarching characteristics — integrity, strong work ethic, giving back — to more personal, experience-based considerations, Allred says, who notes that ensuring that a family legacy serves as a positive force for family members is a common consideration.
3. Think ahead. Consider your family's long-term goals. Allred says. "Look at long-term and even longer-term goals, from a decade to 30 years. What do you want for your family at those times? What kind of legacy do you want to leave them? "
(A Merrill Lynch Wealth Management Advisor, who can be reached at 410-213-8520.)


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Zillow continues to bolster its position in the online real estate sector, announcing today yet another acquisition.
This time the deal happens to be in the consumer arena, with Zillow agreeing to pay $16 million in cash for San Francisco-based rental search site HotPads. It marks the sixth acquisition for Zillow in less than two years, and follows the company's recent agreement to gobble up Mortech (which was announced earlier this month).
HotPads, which raised $2.3 million in funding five years ago from Meakem Becker Venture Capital and others, attracted nearly 2.8 million unique visitors last month. (By comparison, Zillow now attracts about 36 million monthly unique visitors).
"This acquisition represents a significant step-change for Zillow Rentals, allowing us to dramatically increase the number of leads we send to landlords. HotPads has a younger, complementary and rental-focused audience. Now Zillow will become even more relevant to consumers at the beginning of their real estate life cycle," said Zillow CEO Spencer Rascoff in a statement. "In addition, by acquiring an amazing engineering team, with a deep understanding of how people search for rentals and become tenants, we expect to accelerate our innovation and monetization of our rental marketplace."
HotPads employs 19 people, and it will continue to operate in San Francisco where Zillow has a growing presence. It will be combined with Zillow's rental business, which has also been growing in recent months, including the launch of a new rental marketplace in October and the purchase of San Francisco-based RentJuice in June for $40 million.
In an interview with GeekWire earlier this month, Rascoff said that they've evaluated more than 100 potential companies for acquisition in recent years.
"The nice thing about this category is that it has essentially been bereft of an acquirer for the last 10 to 15 years," he said. "Zillow benefits from a pretty greenfield opportunity here in terms of M&A."
The acquisition of HotPads comes as Zillow's stock continues to slip. It has lost 30 percent of its value in the past three months, now trading at about $26 per share. That's still above the $20 IPO price in July 2011. Zillow employed about 500 people at the end of September.


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The SEC's prospects against Stevie Cohen weaken further
Andrew Ross Sorkin and Peter Lattman have uncovered an interesting wrinkle in the SEC's case against Mathew Martoma, the most promising part of its huge investigation into Stevie Cohen. The SEC made quite a big deal of the fact that Martoma didn't just sell his position in two pharmaceutical companies ahead of a big negative announcement; he even kept on selling after that, building up a substantial short position.
But as Sorkin and Lattman have worked out, that's not really the case: SAC was flat going into the announcement, rather than being short.
The NYT's spin on this news is that it suggests "a possible line of defense for the portfolio manager", but it's not entirely obvious from the report what that possible line of defense is, so let me spell it out.
First, it's worth stating quite clearly that profits are the same as avoided losses in the eyes of the law. The SEC says that Martoma made $75 million in profits and avoided $194 million in losses as a result of the trading, for a total of $269 million; in the light of the NYT's new information, that should probably just be $269 million in avoided losses, and nothing in profits. The total amount of money is the same, so the severity of the charges is unchanged.
But here's the thing: if your trading book is long ahead of a big announcement, you're basically making a bet on that announcement. Similarly if you're short. But if you're flat, that's the one way of not betting on the announcement. And it now seems that SAC was flat, rather than short.
Of course, if Martoma traded on inside information, then he's guilty whatever the final position of SAC's trading book was. But if that position was flat rather than short, it's no longer circumstantial evidence that SAC thought the announcement was going to be negative.
And there's another line of defense here, too. As the NYT says, "SAC is well known for its aggressive, rapid-fire trading style, and several former employees say that there is nothing unusual about the fund's exiting a large position over just a few days." And this is the defense that has now been opened up. SAC was sitting on substantial paper profits, on its position in Wyeth and Elan. It knew an announcement was coming, and it knew that announcement could move the stocks substantially. If it made the sensible determination that the downside was bigger than the upside, there was every reason for the fund to move to a flat position ahead of the announcement, whether it had any inside information or not.
If I were a defense lawyer here, I'd be coming up with hundreds of previous cases where SAC exited a large position in a short amount of time, ideally ahead of some big announcement. Some of those exits will have been smart, in hindsight, while others will have been silly: SAC would have been better off holding onto its position rather than going flat. But the decision to go flat and take profits (or cut losses) is a common one within SAC, and can happen at any time for any of a million reasons. And as a result, SAC's trading activity is not in and of itself prima facie evidence of insider knowledge.
Frankly, this isn't much of a defense. Trading activity is what the SEC uses to try to find possible abusers of inside information; it's not what the SEC uses to try to prove such cases. In this case, the SEC is relying on the testimony of Sid Gilman, the doctor who leaked the trial results to Martoma before the official announcement.
But the news does help insulate Cohen, even if it doesn't help Martoma very much. No one knows what Martoma told Cohen before Cohen made the decision to go flat, but SAC's trading action is entirely consistent with a simple declaration that Martoma wasn't comfortable being long any more. (The rest of SAC was already making a strong case against being long at this point.) If Cohen knew that an announcement was imminent, and that the one person who wanted to be long no longer wanted to be long, then it would have made sense for him to go flat ahead of the announcement, even if he had no inside information at all. And there's no particular reason to believe that Martoma would have admitted to Cohen that he had illegal insider information.
As Sorkin and Lattman say, the statute of limitations on this trade is rapidly running out: if the SEC will have to either bring charges against Cohen soon, or not at all. And so long as Martoma is refusing to cooperate with the SEC, it increasingly seems as though the SEC's best chance yet to nail Cohen is going to slip through its hands.


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