The https://login.v3.paskr.com and https://www.paskr.com websites, and any other paskr website, mobile application, or third-party service integrated with paskr are offered by paskr, Inc. You may access and utilize the Website and Services only under the following terms and conditions ("Terms of Service").
To the extent that your use of the Services is governed by a Master Terms of Service Agreement, the Master Terms of Service Agreement shall control in the event of conflict with these terms.
As a user of the Websites and Services you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Websites and Services in accordance with these Terms of Service. P may terminate this license at any time for any reason. To the extent use of the Websites and Services requires login information, the foregoing does not automatically grant you a right of access and you must obtain login information as required by the Websites and Services.
Any unauthorized use of the Websites and Services is prohibited. You may not use the Websites and/or Services to:
Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Websites and Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. paskr, the PAKSR logo, and all other paskr trademarks, service marks, product names, and trade names of paskr appearing on or in conjunction with the Websites and Services are owned by paskr. paskr does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on the Websites or the Services without paskr's prior written consent.
By posting, publishing, uploading, or distributing any data, information, text, graphics, links, messages, reviews, content, or other materials for use on the Websites or Services (other than on https://login.v3.paskr.com or on the mobile applications), you grant (or warrant that the owner of such rights has expressly granted) paskr a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such postings or incorporate such postings into any form, medium, or technology now known or later developed. You agree that you shall have no recourse against paskr for any alleged or actual infringement or misappropriation of any proprietary right in postings you provide to paskr.
It is paskr's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). paskr may terminate any user's access to the Websites or Services if paskr determines that user is a "repeat infringer."
You are an independent third party to the Websites and Services, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and paskr.
You shall not distribute on or through the Websites or Services any postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization.
Certain sections of the Websites or Services may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform paskr of any changes to that information. You understand that by registering with the Websites or Services, you may receive regular updates regarding new or existing paskr applications. You may request to unsubscribe by following the directions in such updates and paskr will permanently remove you from paskr's registered list of subscribers.
If you participate in interactive areas on the Websites or Services, you shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way. paskr may delete your postings at any time for any reason without notification of or permission from you, however, paskr has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. But paskr does reserve the right, in its sole discretion, to monitor interactive areas, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any or no reason without notification of or permission from you.
paskr does not represent or warrant that the Websites or Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. paskr does not warrant or represent that postings or information available on or through the Websites or Services will be correct, accurate, timely, or otherwise reliable. paskr may make improvements and/or changes to its features or functionality at any time.
The websites and services are provided on an "as is, as available" basis. paskr expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. paskr disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or in any way related to (a) any errors in or omissions from the websites or services including, but not limited to, technical inaccuracies and typographical errors, (b) third-party communications, (c) any third-party platforms, websites or content therein directly or indirectly accessed through links on the websites or services, including but not limited to any errors in or omissions therefrom, (d) the unavailability of the website or services, (e) your use of the website or services, or (f) your use of any equipment or software in connection with the website or services.
paskr shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the website or services, any facts or opinions appearing on or through an interactive area, or any third-party communications. paskr shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the website or services, the interactive areas, or any third-party communications.
You agree to indemnify, defend and hold paskr, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you or arising from or related to any postings submitted by you.
These Terms of Service are to be governed by and construed in accordance with the internal laws of the State of Tennessee, without regard for principles of conflicts of laws. Any action, claim, dispute or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state and federal courts sitting in Davidson County, Tennessee.
The term of use of Benchmark is not limited to a specific period. If a user(s) does not login to Benchmark for 90 days, the user will be notified by email that they will have 15 days to sign into the account before it becomes inactive. If the user does not sign into the account within the 15-day notification period, the inactive account will automatically be deleted resulting in loss of access and all data. Once the account is deleted the account and data cannot be recovered. paskr is not responsible deleted accounts or data, due to missed emails, changed emails, spam, junk, etc.
A user may delate his/her own account at any time via the contact form. Once the account is deleted, the account and data cannot be recovered.
A user may enter unlimited projects in Benchmark. The data a user inputs in Benchmark is limited to 2 years from the date of the project entry. The user will be notified by email 90 days prior to the deletion of the data. The user is responsible for copying the data from Benchmark before it is deleted. Once the data is deleted it cannot be recovered. paskr is not responsible deleted data, due to missed emails, changed emails, spam, junk, etc.
A user may delate his/her own account data at any time via the contact form. Once the data is deleted, the account and data cannot be recovered.
Product feedback and request of Benchmark may be emailed to firstname.lastname@example.org. Each request will receive a response in the order it is received.