Terms of Use

Terms of Use

Terms of Use

THIS VERSION IN EFFECT SINCE September 1, 2004

THIS AGREEMENT GOVERNS YOUR USE OF THE Nelson Staffing WEB SITE AND THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THE WEB SITE. IT EXEMPTS Nelson Staffing AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

EACH TIME YOU USE THE WEB SITE, THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE WEB SITE YOU SHOULD CHECK THE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT) AND REVIEW ANY CHANGES SINCE THE LAST VERSION.

This Agreement contains the following provisions:

  1. Your Acceptance of this Agreement
  2. Scope of this Agreement
  3. Changes to this Agreement
  4. Permission to Use the Web Site
  5. Web Site Communications and Orders
  6. Errors
  7. No Advice
  8. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
  9. Ownership and Permitted Uses of the Web Site
  10. Trademark Information
  11. Personal Information Privacy
  12. Other Sites
  13. Linking, Framing, Mirroring, Scraping and Data-Mining the Web Site
  14. Termination of this Agreement and the Web Site
  15. Governing Law and Dispute Resolution
  16. Other Matters

1. YOUR ACCEPTANCE OF THIS AGREEMENT This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and Nelson Staffing Inc. (“Nelson Staffing”), and governs your use of the Nelson Staffing web site and the content, information and services provided through the Nelson Staffing web site (collectively the “Web Site”). This Agreement also provides benefits to Nelson Staffing’s affiliates, service providers, suppliers and sub-contractors, including various Nelson Staffing businesses around the world (collectively “Affiliates and Providers”). Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the Web Site.

2. SCOPE OF THIS AGREEMENT This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with Nelson Staffing or Affiliates and Providers (now or in the future) concerning your dealings with Nelson Staffing or Affiliates and Providers generally. This Agreement and all other agreements that you or any persons you represent have with Nelson Staffing or Affiliates and Providers (now or in the future) together constitute the entire agreement regarding your access to and use of the Web Site, and supersede all previous agreements (written, oral or otherwise) regarding your access to and use of the Web Site. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with Nelson Staffing or Affiliates and Providers (now or in the future), the provisions of this Agreement shall govern regarding your access to and use of the Web Site.

3. CHANGES TO THIS AGREEMENT Nelson Staffing may, in its discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.

4. PERMISSION TO USE THE WEB SITE The Web Site may be accessed and used only by individuals who have: (a) reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law; and (b) accepted this Agreement. Persons using the Web Site must comply with all applicable laws. Nelson Staffing may in its discretion refuse permission to access and use the Web Site.

5. WEB SITE COMMUNICATIONS AND ORDERS The Web Site is a portal and information conduit to other web sites and businesses operated by Affiliates and Providers. Affiliates and Providers may be independent from Nelson Staffing, their web sites may have different or inconsistent terms of use or privacy policies, and their services may be provided under different terms and conditions. Your dealings with Affiliates and Providers and use of their web sites are at your own risk, and you shall not make any claim against Nelson Staffing arising out of those matters. As between you and Nelson Staffing, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your dealings with any Affiliates and Providers and use of their web sites. By activating certain links, including order-related links, you may be automatically connected with web sites operated by Affiliates and Providers. If you use the Web Site to initiate communication regarding your staffing needs, the information you submit may be disclosed to, and processed and responded by, Affiliates and Providers. All communications you submit through the Web Site or email must be true, accurate and complete. Nelson Staffing and Affiliates and Providers will rely upon the truth, accuracy and completeness of the communications you submit through the Web Site. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to Nelson Staffing, you and all persons you represent will be liable for any loss, damage or additional costs that you, Nelson Staffing, Affiliates and Providers, or other persons may incur as a result. You authorize Nelson Staffing and Affiliates and Providers to: (a) accept communications that they receive from you by means of the Web Site or email as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to any Affiliates and Providers, and Nelson Staffing workers by means of the Web Site, email or other communications; and (c) respond to your communications by means of Internet communications, email or other communications. Communications you send to Nelson Staffing by means of the Web Site or email are not effective unless and until they are processed by the responsible Nelson Staffing representative. Nelson Staffing may refuse to process any communications sent to Nelson Staffing by means of the Web Site or email, or may reverse the processing of any communications sent to Nelson Staffing by means of the Web Site or email, at any time in Nelson Staffing’s discretion, and without any notice or liability to you or any other person, including, without limitation, if: (a) Nelson Staffing cannot process the communications; (b) the communications violate any provision in this Agreement or any other agreement that you or any other person may have with Nelson Staffing; (c) Nelson Staffing considers that the communications conflict with any other instructions or agreements with you or any person you represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications.

6. ERRORS Nelson Staffing endeavors to provide accurate information through the Web Site. Nevertheless, errors may occur. Accordingly, Nelson Staffing reserves the right to change other information available through the Web Site at any time and from time to time without any notice or liability to you or any other person.

7. NO ADVICE The Web Site is not intended to be a comprehensive or detailed statement concerning the matters addressed; investment, tax, banking, accounting, legal, or other professional or expert advice or recommendations; or an offer or recommendation to sell or buy any stock, bond or other financial instrument or any product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web Site.

8. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY Nelson Staffing and Affiliates and Providers do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site.

DISCLAIMER YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY Nelson Staffing AND THE AFFILIATES AND PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE WEB SITE. THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND Nelson Staffing’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE. Nelson Staffing AND THE AFFILIATES AND PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY Nelson Staffing TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY Nelson Staffing IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO Nelson Staffing BY MEANS OF THE WEB SITE OR EMAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE WEB SITE OR EMAIL SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Nelson Staffing AND THE AFFILIATES AND PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE WEB SITE OR DERIVED FROM THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE; (F) THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND Nelson Staffing AND THE AFFILIATES AND PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

LIABILITY EXCLUSION Nelson Staffing AND THE AFFILIATES AND PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY Nelson Staffing OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM Nelson Staffing OR AN AFFILIATE OR PROVIDER MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT Nelson Staffing OR ANY AFFILIATE OR PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON. The exclusion of certain warranties and the exclusion of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

LIABILITY LIMITATION WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL Nelson Staffing OR ANY OF THE AFFILIATES AND PROVIDERS’ TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY Nelson Staffing OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM Nelson Staffing OR ANY AFFILIATE OR PROVIDER IS RESPONSIBLE, EXCEED $100 (US) OR THE AMOUNT YOU PAID TO Nelson Staffing FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS. The limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

RELEASE YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF Nelson Staffing AND THE AFFILIATES AND PROVIDERS AND ALL OF THEIR RESPECTIVE FRANCHISEES, PARTNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.

INDEMNITY YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF Nelson Staffing AND THE AFFILIATES AND PROVIDERS AND ALL OF THEIR RESPECTIVE FRANCHISEES, PARTNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY CLAIM OR DEMAND. ADVICE AND INFORMATION PROVIDED BY Nelson Staffing OR THE AFFILIATES AND PROVIDERS OR THEIR RESPECTIVE REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION. FAIR ALLOCATION OF RISK AND LIABILITY. YOUR ACKNOWLEDGE AND AGREE THIS AGREEMENT REPRESENTS A FAIR ALLOCATION OF RISK AND LIABILITY.

9. OWNERSHIP AND PERMITTED USES OF THE WEB SITE Copyright © Nelson Staffing 2004. All Rights Reserved. The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Web Site are the property of Nelson Staffing, Affiliates and Providers and others, and are protected by United States and international copyright, trademark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. The Web Site may only be used in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Nelson Staffing. The Web Site may be used only for lawful purposes. The Web Site may be accessed and used only using commercially available, SSL-capable Web browser software.

10. TRADEMARK INFORMATION Nelson Staffing, Nelson Staffing?, the Nelson Staffing Logo, and other marks and logos appearing on the Web Site are registered and unregistered trademarks, trade names and service marks owned or licensed by Nelson Staffing. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners. Any use of the trade names, trademarks, service marks and logos (collectively “Marks”) displayed on the Web Site is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web Site.

11. PERSONAL INFORMATION PRIVACY Nelson Staffing collects, uses and discloses information regarding your use of the Web Site and your personal information in accordance with the Privacy Policy, which is available by clicking here. Nelson Staffing may change the Privacy Policy from time to time in its discretion without prior notice or liability to you or any other person. By accepting this Agreement, and each time you use the Web Site, you consent to Nelson Staffing’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person.

12. OTHER SITES The Web Site includes links to other web sites or resources and businesses operated by Affiliates and Providers or other persons (collectively, “Other Sites”). Other Sites are independent from Nelson Staffing, may have different or inconsistent privacy policies or terms of use, and Nelson Staffing has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Nelson Staffing does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Nelson Staffing arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Nelson Staffing, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

13. LINKING, FRAMING, MIRRORING, SCRAPING AND DATA-MINING THE WEB SITE Links to the Web Site without the express written permission of Nelson Staffing are strictly prohibited. The framing, mirroring, scraping or data mining of the Web Site or any of its content in any form and by any method are strictly prohibited.

14. TERMINATION OF THIS AGREEMENT AND THE WEB SITE If you breach any provision of this Agreement, you may no longer use the Web Site. Nelson Staffing may, at any time and for any reason and in its discretion: (a) change, suspend or terminate, temporarily or permanently, the Web Site or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Web Site; all without any notice or liability to you or any other person. If this Agreement or your permission to access or use the Web Site is terminated by you, or by a person you represent, or by Nelson Staffing, then: (a) this Agreement and all other then existing agreements between Nelson Staffing and any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Web Site, and anything connected with, relating to or arising therefrom; and (b) Nelson Staffing may continue to use and disclose your personal information in accordance with the Web Site Privacy Policy as amended from time to time.

15. GOVERNING LAW AND DISPUTE RESOLUTION The Web Site is controlled by Nelson Staffing from Sonoma, California, United States of America. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the state of California, United States of America and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Sonoma, California, United States of America. Notwithstanding the foregoing, you or Nelson Staffing may seek injunctive relief from an appropriate court located in Sonoma, California prior to or during the arbitration. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

16. OTHER MATTERS If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding anything herein to the contrary, the following provisions of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable: 8 (Disclaimer, Liability Exclusion, Liability Limitation, Release, and Indemnity); 9 (Ownership and Permitted Uses of the Web Site); 11 (Personal Information Privacy); 12 (Other Sites); 14 (Termination); 15 (Governing Law and Dispute Resolution); and 16 (Other Matters). The provisions of this Agreement will inure to the benefit of and be binding upon each of Nelson Staffing and Affiliates and Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Nelson Staffing, which may be withheld in Nelson Staffing’s discretion. Nelson Staffing may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties. You and any persons you represent (on the one hand) and Nelson Staffing and Affiliates and Providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Any rights not expressly granted by this Agreement are reserved to Nelson Staffing This Agreement is subject to change without notice.

Nelson Staffing Privacy Policy

THIS VERSION IN EFFECT SINCE September 1, 2004

Protecting your privacy is important to Nelson Staffing (“Nelson Staffing”). This Privacy Policy explains how Nelson Staffing collects, uses, and discloses the personal information you may provide while using Nelson Staffing’s Nelson Staffing.com web site and the content, information and services provided through the Web site (collectively the “Web Site”).

YOUR CONSENT

1. By using the Web Site, you signify your consent to the collection, use, and disclosure of your personal information in accordance with this Policy. If you do not agree with this Policy, you may not use the Web Site.

INFORMATION AUTOMATICALLY COLLECTED

2. Non-Identifiable Information – Like many other Web sites, the Web Site automatically collects certain non-identifiable information regarding Web Site users, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access the Web Site, the Internet address of the Web site from which you linked directly to the Web Site, the operating system you are using, the sections of the Web Site you visit, the Web Site pages accessed and information viewed., and the materials you post to or download from the Web Site. This non-identifiable information is used for Web Site and system administration purposes and to improve the Web Site. Your non-identifiable information may be disclosed to others and permanently archived for future use.

3. Cookies – The Web Site uses “cookies”, a Staffing that installs information on a Web Site user’s computer to permit the Web Site to recognize future visits using that computer. Cookies enhance the convenience and use of the Web Site. For example, the information provided through cookies is used to recognize you as a previous user of the Web Site, to track your activity at the Web Site in order to respond to your needs, to offer personalized Web page content and information for your use, to automatically populate online forms with your personal information for your convenience, and to otherwise facilitate your Web Site experience. Advertisements displayed on the Web Site may also contain cookies or other technologies. Those advertisements may be provided by third party advertising companies, and Nelson Staffing does not have any control over, or any responsibility or liability for, the cookies or other technologies used in the advertisements or for the use and disclosure of information collected through advertisement cookies. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Web Site and your ability to access or use certain Web Site features.

PERSONAL INFORMATION YOU SPECIFICALLY PROVIDE

4. Your Personal Information – During your use of the Web Site, you may be asked to voluntarily provide your résumé, curriculum vitae or other personal information (such as your name, email address, postal address, telephone number) and information regarding any Nelson Staffing customer or other person you represent, for purposes such as facilitating communications with you, applying for access to certain special features or areas of the Web Site, using Nelson Staffing’s employment-related services, carrying out transactions, or facilitating your use of the Web Site. If you choose not to provide certain requested personal information, you will not be able to use the Web Site.

5. Use of Your Personal Information – Nelson Staffing may use your personal information to contact and correspond with you, to respond to your communications, to process transactions and charge for services, to facilitate and enhance your use of the Web Site, to provide you with information and services requested through the Web Site, and as otherwise permitted by law. Nelson Staffing may develop a confidential user profile for you, which will be used to facilitate your use of the Web Site. Additionally, Nelson Staffing may keep a record of all communications with you.

6. Emails from Nelson Staffing – If you contact Nelson Staffing or otherwise indicate that you would like to receive email from Nelson Staffing, then Nelson Staffing may send to you, from time to time, email or other communications containing information about Nelson Staffing and other matters (including third party products or services) it believes will interest you. At any time you may ask Nelson Staffing to stop sending you email and other information by contacting webmaster@Nelson Staffing.com. Also, each email Nelson Staffing sends to you will tell you how to decline further email. From time to time, Nelson Staffing may also send you email containing important information regarding the Web Site, which you may not opt out of receiving.

7. Tracking Information – Nelson Staffing may use non-personal information to create aggregate tracking information reports regarding Web Site user demographics and the use of the Web Site, and then provide those reports to others. None of the tracking information in the reports can be connected to the identities or other personal information of individual users. Nelson Staffing also may link tracking information with Web Site users’ personal information. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy.

8. Disclosure of Your Personal Information – Nelson Staffing may disclose your personal information in the following circumstances:

(i) Disclosure to Authorizing Persons – If your access to certain areas of the Web Site has been authorized by a Nelson Staffing customer or other person, Nelson Staffing may provide your personal information to that authorizing person. Nelson Staffing has no control over authorizing persons’ use of your personal information, and that use is not necessarily subject to this Policy. If you do not wish your personal information to be disclosed to the person who has authorized your use of the Web Site, you may not use the Web Site.

(ii) Disclosure to Affiliates – Nelson Staffing may provide your personal information to its affiliated businesses for employment-related purposes or for use in connection with matters relating to your use of the Web Site. Nelson Staffing has no control over its affiliated businesses’ use of your personal information, and that use is not necessarily subject to this Policy. If you do not wish your personal information to be disclosed to certain or any affiliated businesses, you may not use the Web Site.

(iii) Disclosure to Suppliers, Prospective Employers, and Other Third Parties – Nelson Staffing may provide your personal information to suppliers, prospective employers, and third parties for employment-related purposes or for use in connection with matters relating to your use of the Web Site. Nelson Staffing has no control over these third parties’ use of your personal information, and that use is not necessarily subject to this Policy. If you do not wish your personal information to be disclosed to certain or any third parties, you may not use the Web Site.

(iv) Disclosure in Business Transfers – Nelson Staffing may be involved in the sale or transfer of some or all of its business. As part of that sale or transfer, Nelson Staffing may disclose your personal information to the acquiring organization, but will require the acquiring organization to agree to protect the privacy of your personal information in a manner that is consistent with this Policy. If you do not wish Nelson Staffing to disclose your personal information as part of the sale or transfer of some or all of its business, you may not use the Web Site.

(v) Law Enforcement and Legal Disclosure – Nelson Staffing may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where Nelson Staffing has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to their legal counsel.

9. Location of Information – Nelson Staffing will store and process your personal information in Sonoma, California, U.S.A., or, from time to time, in other locations that Nelson Staffing decides are necessary or convenient in order to provide you with efficient and effective service.

10. Securing Your Information – To help protect the confidentiality of your personal information, Nelson Staffing employs security safeguards appropriate to the sensitivity of the information. Nevertheless, due to the nature of Internet technologies, security and privacy risks cannot be eliminated and Nelson Staffing cannot guarantee that your personal information will not be disclosed in ways not otherwise described in this Policy.

11. Accessing Your Personal Information – You may request access to your personal information and information about Nelson Staffing’s collection, use and disclosure of that information by contacting Nelson Staffing at webmaster@nelsonStaffing.com. Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You can help Nelson Staffing maintain the accuracy of your information by notifying Nelson Staffing of any changes to your personal information.

OTHER MATTERS

12. Web Site Use Agreement – The Web Site Use Agreement governing your use of the Web Site (which may be viewed by clicking here) contains important provisions, including provisions disclaiming, limiting or excluding the liability of Nelson Staffing and others for your use of the Web Site and the use of your user name and password, and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the Web Site. Each of those provisions applies to any disputes that may arise in relation to this Policy and the collection, use and disclosure of your personal information, and are of the same force and effect as if they had been reproduced directly in this Policy.

13. Former Users – If you stop using the Web Site or your permission to use the Web Site is terminated, Nelson Staffing may continue to use and disclose your personal information in accordance with this Policy as amended from time to time.

14. Other Web Sites – The Web Site may contain links to other Web sites or Internet resources. When you click on one of those links you are contacting another Web site or Internet resource that may collect information about you voluntarily or through cookies or other technologies. Nelson Staffing has no responsibility, liability for, or control over those other Web sites or Internet resources or their collection, use and disclosure of your personal information. You should review the privacy policies of those other Web sites and Internet resources to understand how they collect and use information.

15. Privacy Policy Changes – This Policy may be changed from time to time in Nelson Staffing’s sole discretion and without any prior notice or liability to you or any other person. The collection, use and disclosure of your personal information by Nelson Staffing will be governed by the version of this Policy in effect at that time. New versions of this Policy will be posted here. Your continued use of the Web Site subsequent to any changes to this Policy will signify that you consent to the collection, use and disclosure of your personal information in accordance with the changed Policy. Accordingly, when you use the Web Site you should check the date of this Policy and review any changes since the last version. You should also bookmark this page and periodically review this Policy to ensure that you are familiar with the most current version.

16. Contests and Promotions – If contests or promotions are made available through the Web Site, the applicable contest or promotion rules may include rules regarding the collection, use and disclosure of personal information. To the extent that those specific rules conflict with this Policy, the contest or promotion rules will govern regarding personal information collected regarding the particular contest or promotion.

17. Your Comments – If you have any comments or questions about this Policy or your personal information, please contact Nelson Staffing at info@nelsonStaffing.com.