UPILLAR.COM Terms of Use Agreement

Read This Terms Of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement (the "Agreement") was last updated on April 1, 2009

This Terms of Use Agreement sets forth the standards of use of the upillar.com website, which is owned and operated by Lexon Industries, Inc., a Nevada corporation.

By using the upillar.com website address (the "Website"), whether as a visitor or account member, you (the "User") agree to these terms and conditions. If you do not agree to the terms and conditions of the Agreement, you should immediately cease all usage of this website.

We reserve the right, at any time, to modify, alter, or update the terms and conditions of the Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Website. Your continued use of the classified and related services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, the Agreement may not be amended.
Description of Services and Disclaimer Regarding Accuracy of Seller Information.

upillar.com is providing Users with classified services relating to the buying and selling of goods or services. (the "Services"). Information about the motor vehicles is supplied by participating private sellers and dealers, not upillar.com. While upillar.com provides certain services, such as Equity Search, NADAGuides values, and Vin Checking, to assist Users in their use of this Website, upillar.com does not guarantee or warrant that the information supplied by such services is accurate. Seller price quotes for vehicles generally exclude state and local taxes, and other governmental charges such as license, title and registration fees, as well as any dealer documentary fees, emissions certifications, and inspection fees, all of which may be added to the final sales price of a vehicle. Likewise, seller price quotes for real estate generally exclude title fees, escrow fees, transfer taxes and the like, all of which will be added to the final sales price of real estate. The final sales price is subject to the mutual agreement of the buyer and seller, so be aware of what you are signing and the price agreed to at the conclusion of your negotiations. Because the information regarding the motor vehicle, real estate, or any other goods or services offered for sale is supplied by the seller, upillar.com does not independently verify the accuracy of the information that is supply about the vehicles, real estate, or other goods or services offered for sale on this Website. Accordingly, we make no representations or warranties as to the accuracy or reliability of any information provided on this Website. Further, upillar.com makes no warranties or representations whatsoever with regard to any vehicle, real estate, or any other goods or services offered for sale on this Website, and you acknowledge that any reliance on representations and warranties provided by any seller shall be at your own risk.
Disclaimer of Warranties and Limitation of Liability.

THE SITE IS PROVIDED BY upillar.com ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, upillar.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, ABSENCE OF VIRUSES, OR OTHERWISE. upillar.com DISCLAIMS ALL WARRANTIES WITH REGARD TO SERVICES PROVIDED ON THE WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. upillar.com SHALL NOT be liable for any damages whatsoever, and in particular upillar.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if upillar.com has been advised of the possibility of such damages.
Indemnification.

User agrees to indemnify and hold upillar.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Website, the violation of the Agreement, or infringement by User, or other user of the Website using User's computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service.

upillar.com reserves the right to modify or discontinue the Service with or without notice to the User. upillar.com shall not be liable to User or any third party should we exercise our right to modify or discontinue the Website or the services provided therein. User acknowledges and accepts that upillar.com does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites.

Our Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties' sites.
Governing Jurisdiction of the Courts and Venue for Disputes.
All questions with respect to the construction of this Agreement and liabilities arising from or related to this Agreement shall be governed by the laws of the State of Utah or the federal laws of the United States of America, without giving effect to principles of conflicts of law. Venue for resolution of any disputes shall be in the state or federal courts of Utah.

Compliance with Laws.

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information.

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 Lexon Industries, Inc. doing business as upillar.com, with all rights reserved, or is the property of National Appraisal Guides, Inc., doing business as N.A.D.A Appraisal Guides and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of upillar.com is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages, dealer or private listings, or other content contained therein without prior written permission of an authorized officer of upillar.com.

upillar.com™ is a proprietary mark of Lexon Industries, Inc. and its trademark may not be used in connection with any product or service that is not provided by upillar.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lexon Industries, Inc.
All other trademarks and trade dress displayed on upillar.com's Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with upillar.com.

Notification of Claimed Copyright Infringement.

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act ("Act"), written notice OF ANY CLAIMED COPYRIGHT INFRINGEMENT RELATING TO THE ACTIVITIES OF SERVICE PROVIDERS UNDER SECTION 512 OF THE ACT must be submitted to the Designated Agent named below. ANY NOTICE SENT TO THE DESIGNATED AGENT MUST MEET THE REQUIREMENTS OF SECTION 512(C)(3) OF COPYRIGHT REVISION ACT, AS AMENDED BY THE DIGITAL MILLENIUM COPYRIGHT ACT.
Service Provider(s):Lexon Industries, Inc. doing business as upillar.com AND ANY AFFILIATES, INCLUDING SUBSIDIARIES, OF THE ABOVE.Name of Agent Designated to Receive Notification of Claimed Infringement:M. Eric Olmstead, Barney McKenna & Olmstead, P.C.Designated Agent's Address:43 South 100 East, Suite 300St. George,Utah 84770Telephone, fax and email Address of Designated Agent:Telephone: (435) 628-1711Fax: (435) 628-3318Email: eolmstead@barney-mckenna.comNOTE: ALTHOUGH NOT REQUIRED, IT IS RECOMMENDED THAT NOTIFICATIONS BE SENT BOTH BY FAX AND BY EMAIL AND THAT ANY EMAIL NOTIFICATION INCLUDE "NOTICE OF ALLEGED SERVICE PROVIDER INFRINGEMENT" IN THE SUBJECT LINE OF THE EMAIL.This contact information is provided only for the purposes stated above.

Other Terms.

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by upillar.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Website Privacy Policy Statement.