USER AGREEMENT FOR THE MANPOWER.COM WEBSITE
THIS VERSION IS VALID FROM 30 APRIL 2002
THIS AGREEMENT GOVERNS THE USE OF THE MANPOWER.COM WEBSITE AND THE CONTENT, INFORMATION AND SERVICES OFFERED VIA THE WEBSITE. IT ALSO EXEMPTS MANPOWER INC. AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS IMPORTANT CLAUSES WHICH YOU SHOULD READ.
EVERY TIME YOU USE THIS WEBSITE, SAID USE WILL BE GOVERNED BY THIS AGREEMENT, IN ITS CURRENT VERSION. CONSEQUENTLY, WHENEVER YOU USE THIS WEBSITE, YOU SHOULD CHECK THE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THE AGREEMENT) AND CHECK FOR ANY MODIFICATIONS THAT MAY HAVE BEEN MADE SINCE THE LAST VERSION.
The Agreement contains the following clauses:
1. Your acceptance of this Agreement
2. Scope of this Agreement
3. Modifications to this Agreement
4. Permission to use the Website
5. Website Communications and Instructions
8. Waiver, Exclusion of Liability, Limitation of Liability, Exemption and Compensation
9. Ownership and Permitted Uses of the Website
10. Trademark Information
11. Confidentiality of Personal Data
12. Other Websites
13. Links, Assembly, Replication, Data Capture and Data Mining of the Website.
14. Termination of this Agreement and of the Website
15. Statutory Regulation and Conflict Resolution
16. Other Issues
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all the persons you represent (for the purposes of this Agreement, "person" includes physical persons and all classes of organisations, whether incorporated lawfully or otherwise) and Manpower Inc. ("Manpower"), and governs your utilisation of the Manpower.com website and the content, information and services offered via the Manpower.com website (in its totality, the "Website"). This Agreement also offers benefits to Manpower Group companies, service providers, suppliers and subcontractors, including various Manpower businesses worldwide (in their totality, "Manpower Group Companies, Clients and Suppliers").
Every time you use this Website, you give your consent and agreement, and the consent and agreement of all the persons you represent, without limitation or qualification, to be bound by this Agreement, and you declare and guarantee that you have the legal authority to agree to and accept this Agreement in your own name and on behalf of all the persons you represent. If you are not in agreement with every clause of this Agreement, or are not authorised to agree to and accept this Agreement, you should not utilise this Website.
2. SCOPE OF THIS AGREEMENT
This Agreement is offered in addition and complementary to any written agreement signed by you or the persons you represent with Manpower or Manpower Group Companies, Clients or Suppliers (present or future) in relation to your agreements with Manpower or Manpower Group Companies, Clients or Suppliers in general.
This Agreement and all other written agreements that you or the persons you represent have with Manpower or Manpower Group Companies, Clients or Suppliers (present or future) in their totality constitute the comprehensive agreement with regard to your access to and use of the Website, and shall replace any previous agreements (written, oral or those of any other nature) relating to your access to and use of the Website. In the event of inconsistencies or conflicts between the clauses of this Agreement and the clauses of any other agreement that you or the persons you represent have with Manpower or Manpower Group Companies, Clients or Suppliers (present or future), the clauses of this Agreement shall prevail, as far as your access to and use of the Website is concerned.
3. MODIFICATIONS TO THIS AGREEMENT
Manpower, at its own discretion, may occasionally modify, complement or rectify this Agreement with regard to your future utilisation of the Website for any reason and without prior notice or owing liability to you or any other person. You are strictly prohibited from modifying, complementing or rectifying this Agreement by any means.
4. PERMISSION TO USE THE WEBSITE
The Website may only be accessed and used by persons who: (a) are of legal age in their place of residence and are eligible to formalise legal contracts under the applicable legislation; and (b) have accepted this Agreement. Persons who use this Website must comply with all applicable legislation. Manpower may, at its own discretion, refuse permission to access and use the Website.
5. WEBSITE COMMUNICATIONS AND INSTRUCTIONS
The website is a portal and a channel of information towards other websites and businesses operated by Manpower Group Companies, Clients and Suppliers. Said Manpower Group Companies, Clients and Suppliers may be independent from Manpower, their websites may have conditions of use or confidentiality policies that differ from or are inconsistent with this policy, and their services may be offered under different terms and conditions. You have sole responsibility for any agreements you have with Manpower Group Companies, Clients and Suppliers and your utilisation of their websites, and no claims in relation to the same may be brought against Manpower. The clauses of this Agreement under the section Waiver, Exclusion of Liability, Limitation of Liability, Exemption and Compensation, with all the necessary modifications, apply to your agreement with Manpower and to your agreements with any other Manpower Group Company, Clients and Suppliers and the use of their websites.
By activating certain links, including links relating to instructions, you will automatically connect with websites operated by Manpower Group Companies, Clients and Suppliers. If you use this Website to initiate a communication relating to your selection or recruitment requirements, the information you send may be revealed, processed and responded to by Manpower Group Companies, Clients and Suppliers, in accordance with this policy and the Personal Data Protection Act.
Any communications you send via the Website or by e-mail must be true, exact and complete. Manpower, Manpower Group Companies, Clients and Suppliers will trust in the veracity, precision and completeness of any communications you send via the Website. If you send any incomplete or incorrect communication, or if any communication is damaged or distorted during transmission to Manpower, you and all the persons you represent shall be liable for any resulting loss, damage or additional costs that you, Manpower, Manpower Group Companies, Clients or Suppliers and other persons may incur as a result.
You hereby authorise Manpower, Manpower Group Companies, Clients and Suppliers to: (a) accept your messages, irrespective of whether they are received via the Website, by e-mail or sent in writing and signed by you; (b) reveal your messages to any Manpower Group Company, Clients or Suppliers, and to employees of Manpower via this Website, e-mail or any other means of communication; and (c) respond to your messages via Internet messages, e-mail or other means of communication. The messages you send to Manpower via this Website or by e-mail shall be void unless and until they have been processed by the authorised representative of Manpower.
Manpower may refuse to process any message sent to Manpower via its Website or by e-mail, or may waiver the processing of any communication sent to Manpower via its Website or by e-mail at any time, at its own discretion, without prior notice or owing any liability whatsoever to you or any other person, if: (a) Manpower is unable to process the messages; (b) the messages violate any clause of the present Agreement or any other agreement that you or any other person may have with Manpower; (c) Manpower considers that the messages conflict with any other instruction or agreement with you or any person you represent; or (d) a fault or malfunction occurs during the transmission of the message.
The messages sent to Mr. Jeffrey A. Joerres via the Website will be replied to by another Manpower employee, rather than by Mr. Joerres in person.
Manpower makes every effort to send accurate information via this Website. However, errors may occur. Consequently, Manpower reserves the right to modify the information available via the Website at any time and occasionally without prior notice or owing any obligation to you or any other person.
This Website does not intend to offer a detailed or comprehensive declaration of the subjects it covers, nor to offer recommendations or the advice of experts or professionals in investment, taxation, banking, accountancy, legal or other issues, and does not constitute an offer or recommendation for the sale or acquisition of any share, bond or other financial instrument, or any other product or service. You are advised to seek qualified and appropriate recommendations and advice before acting or deciding not to act on the basis of any information provided in the Website or via the same.
8. WAIVER, EXCLUSION OF LIABILITY, LIMITATION OF LIABILITY, EXEMPTION AND COMPENSATION
Manpower, Manpower Group Companies, Clients and Suppliers shall not accept any liability derived from your utilisation of this Website. For this reason, the following clauses apply to your use of this Website.
YOUR UTILISATION OF THIS WEBSITE IS YOUR SOLE RESPONSIBILITY AND SHALL BE AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION, GUARANTEE OR CONDITIONS OF ANY TYPE, WHETHER EXPRESSED OR IMPLICIT, WHICH INCLUDE WITHOUT LIMITATION REPRESENTATIONS, GUARANTEES OR CONDITIONS OF LAW, NON-VIOLATION, MARKETABILITY, APTITUDE FOR PARTICULAR PURPOSES, FULFILMENT, PERMANANCE, AVAILABILITY, PUNCTUALITY, EXACTITUDE OR INTEGRITY, ALL OF WHICH IS DECLINED ON THE PART OF MANPOWER, MANPOWER GROUP COMPANIES, CLIENTS AND SUPPLIERS TO THE MAXIMUM DEGREE PERMITTED BY LAW. THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION, GUARANTEE OR CONDITIONS OF ANY TYPE, WHETHER EXPRESSED OR IMPLICIT, WHICH INCLUDE WITHOUT LIMITATION REPRESENTATIONS, GUARANTEES OR CONDITIONS OF LAW, NON-VIOLATION, MARKETABILITY, APTITUDE FOR PARTICULAR PURPOSES, FULFILMENT, PERMANANCE, AVAILABILITY, PUNCTUALITY, EXACTITUDE OR INTEGRITY, ALL OF WHICH IS DECLINED ON THE PART OF MANPOWER, MANPOWER GROUP COMPANIES, CLIENTS AND SUPPLIERS TO THE MAXIMUM DEGREE PERMITTED BY LAW. NO REPRESENTATION, GUARANTEE OR CONDITIONS CREATED BY STANDARD PROCEDURES OF AGREEMENTS, FULFILMENT OR COMMERCIAL USE SHALL EXIST. YOU HAVE SOLE LIABILITY FOR OBTAINING, CONFIGURING AND MAINTAINING ALL HARDWARE, SOFTWARE, TELEPHONE SERVICES AND OTHER EQUIPMENT REQUIRED IN ORDER TO USE THIS WEBSITE.
THE INTERNET IS NOT A SECURE MEDIUM: IT MAY BE SUBJECT TO INTERRUPTIONS AND MALFUNCTIONS, AND TO SECURITY AND CONFIDENTIALITY VIOLATIONS, CAUSED EITHER DELIBERATELY OR INADVERTENTLY. THE OPERATION OF THIS WEBSITE MAY BE AFFECTED BY SEVERAL FACTORS THAT ARE BEYOND THE CONTROL OF MANPOWER. THE OPERATION OF THIS WEBSITE MAY NOT BE CONTINOUS OR UNINTERRUPTED, SECURE OR PRIVATE.
MANPOWER, MANPOWER GROUP COMPANIES, CLIENTS SHALL NOT OWE ANY OBLIGATION TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF DEFECTS OR REFUSAL ON THE PART OF MANPOWER TO PUT THIS WEBSITE INTO OPERATION, OR OWING TO ANY OTHER ERROR OR DELAY ON THE PART OF MANPOWER IN THE RECEPTION, ACCESS, PROCESSING OR ACCEPTANCE OF ANY TYPE OF COMMUNICATION SENT TO MANPOWER VIA THIS WEBSITE OR BY E-MAIL, OR FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF OPERATIONAL DEFECTS, MALFUNCTIONING, INTERRUPTIONS, MODIFICATIONS, RECTIFICATION OR REMOVAL OF THE E-MAIL SERVICES OR THE WEBSITE.
WITHOUT LIMITATION TO THE GENERAL PROVISIONS STATED ABOVE, MANPOWER GROUP COMPANIES, CLIENTS AND SUPPLIERS OFFER NO REPRESENTATION, GUARANTEE OR CONDITION THAT: (A) THIS WEBSITE IS COMPATIBLE WITH YOUR COMPUTER AND RELATED HARDWARE AND SOFTWARE; (B) THIS WEBSITE IS AVAILABLE OR FUNCTIONS WITHOUT INTERRUPTIONS OR IS FREE OF ERRORS OR THAT ANY ERROR WILL BE CORRECTED; (C) THE WEBSITE MEETS YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED ON THIS WEBSITE OR DERIVED FROM THE SAME IS PRECISE, COMPREHENSIVE, SEQUENTIAL OR UP TO DATE; (E) A CERTAIN OR ANY RESULT WILL BE OBTAINED THROUGH THE USE OF THIS WEBSITE; (F) THE USE OF THIS WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, IS FREE OF VIRUS, TROJANS, WORMS OR OTHER DESTRUCTIVE OR DISORGANISING ELEMENTS; OR (G) THE USE OF THIS WEBSITE DOES NOT INFRINGE THE RIGHTS (INCLUDING THE INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND MANPOWER, MANPOWER GROUP COMPANIES, CLIENTS AND SUPPLIERS DECLINE ANY LIABILITY OR OBLIGATION RELATIVE TO THE AFOREMENTIONED MATTERS TO THE MAXIMUM DEGREE PERMITTED BY LAW.
EXCLUSION OF LIABILITY
MANPOWER, MANPOWER GROUP COMPANIES, CLIENTS AND PROVIDERS SHALL NOT, UNDER ANY CIRCUMSTANCES, OWN ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFIT (ANTICIPATED OR OTHER), LOSS OF MARKETS, FINANCIAL LOSS, LOSSES OR DAMAGE OR PUNITIVE OR SPECIAL EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGE, WHETHER IN CONTRACTS, OR DUE TO GRIEVANCES, NEGLIGENCE, STRICT OBLIGATION OR UNDER ANY OTHER THEORY OR LAW OR NATURAL JUSTICE RESULTING FROM, CONNECTED WITH OR RELATIVE TO THE USE OF THIS WEBSITE BY YOU OR ANY OTHER PERSON, AND WITHOUT CONSIDERATION WHATSOEVER OF ANY NEGLIGENCE, MISDEMEANOUR OR WRONGFUL ACTION ON THE PART OF MANPOWER OR ANY MANPOWER GROUP COMPANY OR CLIENT OR SUPPLIER OR ANY PERSON FOR WHICH MANPOWER OR ANY MANPOWER GROUP COMPANY OR CLIENT OR SUPPLIER MAY BE LIABLE, IN SPITE OF THE FACT THAT MANPOWER OR ANY MANPOWER GROUP COMPANY OR CLIENT OR SUPPLIER HAD BEEN WARNED OF THE POSSIBILITY OF SAID LOSS OR DAMAGE INCURRED BY YOU OR ANY OTHER PERSON.
The exclusion of certain guarantees and the exclusion of certain obligations are prohibited by law in some jurisdictions and countries. Said legal restrictions may apply to you.
LIMITATION OF LIABILITY
WITHOUT LIMITATION TO THE ABOVE, UNDER NO CIRCUMSTANCES MAY THE TOTAL LIABILITY TOWARDS YOU OR ANY OTHER PERSON OWED BY MANPOWER, MANPOWER GROUP COMPANIES, CLIENTS AND SUPPLIERS FOR CLAIMS, LEGAL PROCEEDINGS, OBLIGATIONS, LIABILITIES, DAMAGE, LOSS AND COSTS, WHETHER IN CONTRACTS, OR DUE TO GRIEVANCES, NEGLIGENCE, STRICT OBLIGATION OR UNDER ANY OTHER THEORY OR LAW OR NATURAL JUSTICE, AND WITHOUT CONSIDERATION WHATSOEVER OF ANY NEGLIGENCE, MISDEMEANOUR OR WRONGFUL ACTION ON THE PART OF MANPOWER OR ANY MANPOWER GROUP COMPANY, CLIENT OR SUPPLIER OR ANY PERSON FOR WHICH MANPOWER OR ANY MANPOWER GROUP COMPANY OR CLIENT OR SUPPLIER MAY BE LIABLE, EXCEED THE LESSER SUM BETWEEN $100 (US DOLLARS) AND THE SUM YOU PAID MANPOWER FOR THE USE OF THIS WEBSITE.
The limitation of certain liabilities is prohibited by law in some jurisdictions. Said legal restrictions may apply to you.
BY VIRTUE OF THE PRESENT, YOU AGREE TO EXEMPT, NOW AND IN THE FUTURE, MANPOWER, MANPOWER GROUP COMPANIES, CLIENTS AND SUPPLIERS AND ALL OF THEIR RESPECTIVE FRANCHISORS, PARTNERS, AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENCE GRANTORS AND DEALERS, AND ANY PERSON RELATED, ASSOCIATED OR CONNECTED TO THE SAME, OF ALL CLASSES OF RIGHTS, CLAIMS, COMPLAINTS, LAWSUITS, LEGAL ACTIONS, PROCEEDINGS, OBLIGATIONS, LIABILITIES, LEGAL FEES, COSTS AND PAYMENTS OF ANY NATURE AND TYPE CAUSED BY ANY MEANS, WHETHER KNOWN OR OTHERWISE, EXISTING NOW OR IN THE FUTURE, WHICH ORIGINATE FROM, ARE RELATED TO, OR CONNECTED WITH YOUR UTILISATION OF THIS WEBSITE.
YOU AGREE TO EXEMPT AND DEFEND MANPOWER, MANPOWER GROUP COMPANIES, CLIENTS AND SUPPLIERS AND ALL OF THEIR RESPECTIVE FRANCHISORS, PARTNERS, AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUBCONTRACTORS, LICENCE GRANTORS AND DEALERHIPS, AND ANY PERSON RELATED, ASSOCIATED OR CONNECTED TO THE SAME (IN GENERAL, “THE COMPENSATED PARTIES”) FROM AND AGAINST ANY LIABILITY, EXPENSES OR COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL COSTS AND FEES, INCURRED BY THE COMPENSATED PARTIES IN RELATION TO ANY CLAIM OR LAWSUIT ORIGINATING FROM, RELATED TO OR CONNECTED WITH YOUR UTILISATION OF THIS WEBSITE OR YOUR VIOLATION OF THIS AGREEMENT. YOU AGREE TO ASSIST AND COOPERATE AS REASONABLY REQUIRED BY THE COMPENSATED PARTIES IN THE DEFENCE OF ANY CLAIM OR LAWSUIT. THE INFORMATION OR ADVICE PROVIDED BY MANPOWER, MANPOWER GROUP COMPANIES, CLIENTE AND SUPPLIERS, OR THEIR RESPECTIVE REPRESENTATIVES, WHETHER ORAL OR IN WRITING, SHALL NOT CREATE ANY REPRESENTATION, GUARANTEE OR CONDITION OR ALTER OR RECTIFY THIS AGREEMENT, INCLUDING THE CLAUSES OF DISCLAIMER, EXCLUSION OF LIABILITY, LIMITATION OF LIABILITY, EXEMPTION AND COMPENSATION REFERRED TO ABOVE, AND YOU SHALL NOT RELY ON SAID INFORMATION OR ADVICE.
EQUITABLE DISTRIBUTION OF RISK AND OBLIGATIONS.
YOUR AGREEMENT AND ACCEPTANCE OF THIS AGREEMENT REPRESENTS AN EQUITABLE DISTRIBUTION OF RISK AND OBLIGATIONS.
9. OWNERSHIP AND PERMITTED USES OF THE WEBSITE
Copyright © Manpower Inc. 2002. All rights reserved. The Website and all the information (in text, diagrams, video and audio formats), images, icons, software, designs, applications, calculators, models, data and other elements available in or via the Website are the property of Manpower, Manpower Group Companies, Clients and Suppliers and others, and are protected by the Copyright laws of the United States of America, international copyright laws, those relating to trademarks and others. Your utilisation of the Website does not confer upon you any property or other rights over the Website or its contents.
The Website may only be used in the manner expressly described in this Agreement. In particular, with the exception of what has been expressly declared in this Agreement, the Website cannot be copied, imitated, reproduced, republished, attached, sent, transmitted, modified, indexed, catalogued, replicated or distributed by any means, in its totality or in part, without the prior written consent of Manpower.
The Website may only be used for legal purposes. The Website may be accessed and utilised only using commercial available Web browsing software with SSL support.
10. TRADEMARK INFORMATION
MANPOWER®, MANPOWER.COM, the Manpower Logo, and other trademarks and logos that appear on the Website are registered and unregistered trademarks, company names and service trademarks owned by or licensed from Manpower. Other logos and names of companies and products that appear on the Website include the registered and unregistered commercial names, trademarks and service trademarks of their respective owners.
Any use of the registered commercial names, registered trademarks, service trademarks and logos (in general, "Trademarks") displayed on the Website is strictly prohibited. Nothing that appears on the Website or elsewhere may be interpreted as the grant, by complicity, by implication on the part of the user, or by any other means, of any licence or right to use the Trademarks displayed on the Website.
11. CONFIDENTIALITY OF PERSONAL DATA
Manpower shall collect, use, provide access to and communicate information regarding your utilisation of the Website and your personal data in accordance with its Confidentiality Policy, which is available by clicking here. Manpower may, at its own discretion, occasionally modify its Confidentiality Policy without prior notice or owing any liability to you or any other person. By accepting this Agreement, every time you use the Website, you authorise Manpower to collect, use, access and communicate your personal data in accordance with the Confidentiality Policy as explained above, without further notice or any liability being owed to you or any other person.
12. OTHER WEBSITES
The Website includes links to other websites or resources and companies operated by the Group Companies, Clients and Suppliers or other persons (in their totality, "Other Sites"). The Other Sites are independent of Manpower, may have confidentiality policies or conditions of use that are different or inconsistent with the confidentiality policy or conditions of use of Manpower, and Manpower shall not be responsible or owe any liability for controlling the Other Sites, their businesses, goods, services or contents. The links to Other Sites are provided solely for your convenience. Manpower does not guarantee and shall not be liable for the content or goods or services available through Other Sites. Your utilisation of Other Sites and any agreements you make with the owners and operators of Other Sites is your own exclusive responsibility, and you undertake not to make any claim or lawsuit against Manpower originating from the use of any of the Other Sites or your agreements with the owners or operators of any of these Other Sites. As between you and Manpower, the clauses of this Agreement under the section Waiver, Exclusion of Liability, Limitation of Liability, Exemption and Compensation, with all the necessary modifications, apply to your access and use of any of the Other Sites and their businesses, services, goods and contents.
13. LINKS, ASSEMBLY, REPLICATION, DATA CAPTURE AND DATA MINING OF THE WEBSITE
Any links to the Website without the express written consent of Manpower are strictly prohibited. The assembly, replication, data capture and data mining of the Website or any part of its contents, in any manner and by any means, is strictly prohibited.
14. TERMINATION OF THIS AGREEMENT AND OF THE WEBSITE
If you violate any of the clauses of this Agreement, you will be banned from using this Website in the future.
Manpower may, at its own discretion, at any moment and for any reason: (a) modify, suspend or terminate, on a temporarily or permanent basis, the Website or part of the same; or (b) restrict, suspend or terminate (in total or in part) your permission to access or use the Website, all of the above without prior notice or owing any liability to you or any other person. If this Agreement or your permission to access or use this Website is terminated by you, or by any person you represent, or by Manpower: (a) This Agreement and all other agreements in existence at that time between Manpower and any person you represent shall continue to apply and shall be valid for you and any person you represent, jointly and severally, with regard to your access and previous use of the Website, and anything connected with, relative to or generated by it; and (b) Manpower may continue to use, grant access to and communicate your personal data in accordance with the Confidentiality Policy of the Website, and its periodic modifications.
15. STATUTORY REGULATION AND CONFLICT RESOLUTION
The Website is controlled by Manpower from Milwaukee, Wisconsin, United States of America. This Agreement, your utilisation of the Website, and all related issues are governed only by the laws of the state of Wisconsin, United States of America and the federal laws that apply in the United States of America, excluding any other regulation or private international law or conflict of laws that could result from the application of any other law.
Any dispute or claim arising from issues related to this Agreement, or the violation of the same, must be resolved by the arbitration of the American Arbitration Association under its Commercial Arbitration Rules, and the judgement on the ruling issued by the arbitrator must be made in any court that has jurisdiction within it. The arbitration must be performed before a single arbitrator. The venue of the arbitration will be Milwaukee, Wisconsin, United States of America. Notwithstanding the above, you or Manpower may seek mandatory compensation from a suitable court located in Milwaukee, Wisconsin before or during the arbitration.
Any claim or lawsuit that you have may initiated arising from, connected with or relating to your utilisation of Website, this Agreement, or any other related issue must have been initiated within the six (6) months that follow the presentation of said claim or lawsuit, since after this period the claim or lawsuit will be closed, in the absence of any law or statute to the contrary.
16. OTHER ISSUES
If it is discovered that any clause of this Agreement is unlawful, invalid or for any reason impossible to fulfil, said clause will be considered separate from the remainder of this Agreement and shall not affect the validity and enforceability of all the remaining clauses.
Unless stated otherwise, the following clauses of this Agreement, and any other clause necessary for the interpretation or enforceability of the same, shall continue indefinitely following the termination of this Agreement and shall remain valid and binding on the relevant parties: 8 (Waiver, Exclusion of Liability, Limitation of Liability, Exemption and Compensation); 9 (Ownership and Permitted Uses of the Website); 11 (Confidentiality of Personal Data); 12 (Other Websites); 14 (Termination of this Agreement and of the Website); 15 (Statutory Regulation and Conflict Resolution); and 16 (Other Issues). The clauses of this Agreement shall benefit and are binding on Manpower and each Manpower Group Company, Clients and Supplier and their respective successors and related persons and beneficiaries, and you and your heirs, executors, administrators, successors, and personal representatives and all the persons you represent and their respective successors, beneficiaries and related persons. Neither you nor any persons you represent may transfer this Agreement or the rights and obligations under the same without the prior written consent of Manpower, which may be refused by Manpower, at its own discretion. Manpower may transfer this Agreement and your rights and obligations under this Agreement without your consent or the consent of any person you represent.
No authorisation or waiver by either of the parties of any violation or omission by the other party in the fulfilment of its obligations under this Agreement shall be considered or interpreted as the authorisation or waiver of a continuous violation or omission or any other violation or omission of the parties or any other obligation of said party. No authorisation or waiver shall be valid unless it is written and signed by all the parties.
You and all the persons you represent (on the one hand) and Manpower, Manpower Group Companies, Clients and Suppliers (on the other hand) are independent contractors and no agency, company, joint venture, employment or franchise relationship is being created or proposed through this Agreement or via your utilisation of the Website.
The parties have requested and demanded that this Agreement and all other related documents are drafted in Spanish.
Manpower reserves all the rights that have not been expressly granted through this Agreement.
This Agreement is subject to modification without prior notice.