Terms of Use

(Last updated April 17, 2008)

Industry East Business Centre LLC, a Delaware limited liability company ("IEBC", "us" or "we"), maintains the website http://www.losangelesfootballstadium.com (the "Website"). By accessing and/or using this Website, you are expressly agreeing to comply with and be bound by these Terms of Use (the "Terms of Use"). If you do not agree with these Terms of Use, you are not authorized to use the Website. IEBC may revise and update these Terms of Use at any time. The most recent effective date of these Terms of Use is listed at the top of this page. Please periodically link to and review these Terms of Use, because your continued usage of the Website indicates your agreement with any updated terms.

A. Proprietary Rights.

We have invested a significant amount of time, effort, and resources in the creation of the Website. You understand and agree that IEBC and/or its licensors retain all right, title, and interest in the Website (including all copyrights, patents, service marks, trademarks, trade secrets and other intellectual property rights) and to all content, including without limitation, any and all project information, text, data, graphics, images, sound, products, programs, architectural designs, designs, schematics and other information provided on or through the Website, whether by IEBC or users and whether in print, machine-readable, visual or audible form (altogether, "Content"). The Content may not be distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published and circulated or otherwise used by you in any way whatsoever except as expressly permitted herein. You may access, download, display, or print information and Content from the Website solely for your personal, non-commercial informational and educational use. IEBC owns all rights in, to and under its trademarks included on the Website. You shall not remove, alter or obscure any intellectual property notices on any printouts, screen displays or copies thereof. You shall not add any logos or other marks indicating origin or ownership or any data or content originally found thereon to any of the foregoing displays, printouts or copies thereof.

B. Personally Identifiable Information.

By submitting your name, company, e-mail address, classification, and any other personally identifiable information to us through the Website, you hereby grant to IEBC a royalty-free license to use and disclose this information in accordance with IEBC's Privacy Policy. Please review IEBC's Privacy Policy before submitting any personally identifiably information to IEBC.

C. Feedback and Public Communication.

One of the functions of the Website is to facilitate community involvement and feedback with respect to the Los Angeles Stadium project, and such other projects and activities as may be undertaken by IEBC from time to time, by offering users the ability to submit suggestions, questions, comments, data, materials or the like (other than personally identifiable information) (collectively, the "Feedback") to IEBC via e-mail through the Website. IEBC will treat any Feedback sent to us as non-confidential and non-proprietary information. IEBC shall have no obligation of any kind to you or a third party, whether financial or otherwise, with respect to such Feedback. You agree that IEBC shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such Feedback to others without limitation and without payment of any consideration or acknowledgment to you or a third party. You further agree that IEBC shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without your or a third party's consent.

D. Indemnity.

The Website is being provided by IEBC to you as a free service. You agree that you shall be solely responsible for any and all liabilities arising from: (i) your failure to comply with these Terms of Use; (ii) your use of the Website, and/or (iii) any authorized disclosure (including, without limitation, your authorization that IEBC may disclose in accordance with our Privacy Policy). You agree to hold IEBC and IEBC's directors, officers, employees, agents, attorneys, subsidiaries, affiliates and sublicensees and each of their respective successors and assigns harmless from all damages, costs, expenses and other liabilities including, but not limited to, attorneys' fees and expenses relating to any claim arising out of or resulting from your access to the Website and the Content thereon or your use, disclosure or authorization for IEBC to disclose any data or content thereon.

E. No Warranty.

You acknowledge that the services and Content located on the Website are provided "AS IS", "AS-AVAILABLE" and "WITH ALL FAULTS." IEBC, its employees, subsidiaries and affiliates make no warranty as to the Website and the entire risk is with you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MAJESTIC, ITS EMPLOYEES, SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

F. Exclusion of Damages; Limitation on Liability.

IN NO EVENT SHALL MAJESTIC, ITS EMPLOYEES, SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF SERVICES, PERSONAL INJURY (INCLUDING DEATH) OR DAMAGES TO YOUR HARDWARE OR SOFTWARE, EVEN IF MAJESTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OF MAJESTIC, ITS EMPLOYEES, SUBSIDIARIES AND AFFILIATES AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT (INCLUDING, WITHOUT LIMITATION, ANY PRODUCT OR SERVICE) MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

G. General Provisions.

Assignment. You may not assign or otherwise transfer in any way any of the rights and obligations arising out of the Terms of Use without the prior written consent of IEBC, which consent may be withheld at IEBC's sole and absolute discretion. IEBC may assign the Terms of Use in whole or in part at any time with or without notice to you.

Choice of Law. The Terms of Use shall be governed by the laws of the State of California as such laws are applied to contracts executed in and to be performed entirely within California by California residents. This means that California law will be applied to the interpretation of the Terms of Use even for non-California residents.

Void Where Prohibited. The Website and the Content are intended to comply with the laws and regulations in the United States. Although the Content on the Website is accessible to users outside of the United States, the Content herein is intended for use only by residents of the United States. Other countries and jurisdictions may have laws and regulatory requirements that differ from those in the United States. IEBC may have links to other sites, some of which are outside the United States. Those websites may have information that is appropriate only to that particular originating country.

Invalidity. Any clause deemed invalid or unenforceable shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

Arbitration. Any controversy, dispute or claim of any nature whatsoever, arising out of, in connection with or in relation to the Terms of Use, or otherwise involving any party hereto, including any claim based on contract, tort or statute that may lawfully be arbitrated, and including the issue of arbitrability of any such disputes, will be resolved exclusively by final and binding arbitration before a retired judge or justice in San Diego, California; provided that to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of IEBC's proprietary rights in the Content, then the parties acknowledge that arbitration is not an adequate remedy at law and that preliminary injunctive or other appropriate relief may be sought by IEBC in a court of competent jurisdiction without the requirement for arbitration. You agree that any arbitration will be conducted on an individual basis and not a consolidated, class-wide, or representative basis and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. You hereby waive, to the fullest extent allowed by law, any right to pursue or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity. Any interim or final relief or award granted by the Arbitrator, including without limitation any provisional relief, may be enforced, and final judgment upon any award or decision rendered by the Arbitrator may be entered and enforced, by any state or federal court having jurisdiction

Entire Agreement; Amendments. These Terms of Use and our Privacy Policy constitute the entire agreement between you and IEBC with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written. Unless otherwise required by law, IEBC may amend the Terms of Use without prior notice to you. No waiver of any of the provisions of the Terms of Use shall be deemed nor shall constitute a waiver of any other provision of the Terms of Use, whether or not similar, nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

H. Contact.

If you have any questions about the foregoing, please contact IEBC at the following e-mail address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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