Paul Hastings LLP
PHundraiser Terms & Conditions
Last Updated: February 2024
The following terms and conditions (“Terms & Conditions”) govern you, personally or on behalf of any entity (“you” and “your”), with respect to your access to and use of the Paul Hastings LLP PHundraiser Platform (hereinafter, the “Platform”, “we”, “us” and “our”).
By using the Platform, you agree to be bound by these Terms & Conditions. Please review the Terms & Conditions carefully. If you do not agree with these Terms & Conditions, please do not use the Platform.
We reserve the right to update, change or replace any part of these Terms & Conditions from time to time at our sole discretion by posting updates and/or changes to the Terms & Conditions on our Platform. It is your responsibility to check the Terms & Conditions periodically for changes. Your continued use of or access to our Platform following the posting of any such changes to the Terms & Conditions constitutes acceptance of those changes.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms & Conditions and to abide by and comply with these Terms & Conditions. We host our Platform globally. Therefore, by access the Platform, you are representing and warranting that you are of the legal age of majority in your jurisdiction and that you are otherwise legally permitted to use the Platform.
You further represent that you are accessing the Platform in compliance with the laws of your jurisdiction and acknowledge that we are not liable for your failure to comply with such laws. You further represent and warrant that all funds or assets used by you have been lawfully obtained by you in compliance with all applicable laws and that all information provided by you in accurate.
In order to use the Platform, you must create an account with us and log in to such account by providing your email address and then authenticating to the system after receiving an authentication email from PHundraiser (collectively, “Login Information”). The collection of this information is in accordance with our privacy practices found in our Global Privacy Statement. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information.
You are solely responsible for all activities conducted through your account, whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices. We shall not be liable for any loss that you incur as a result of someone else using your Login Information either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Login Information.
We reserve the right to terminate your account or to refuse access to the Platform to you, without prior notice to you, at any time and for any or no reason.
The content on the Platform (“Content”), including the trademarks and all logos contained therein are owned by or licensed by us and are subject to copyright and other intellectual property rights under applicable laws. Content includes, without limitation, all source code, databases, functionality, software, websites designs, audio, video, text, chats, photographs, graphics, names, images, and voiceprints. All graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ours or our partners. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
We grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use the Content as it is provided to you by us, only as set forth in these Terms & Conditions. Except as expressly permitted in these Terms & Conditions, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Content without express prior written permission from us or the applicable rights holder is strictly prohibited.
Content on the Platform is provided to you on an “AS IS” basis for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted to you in and to the Platform and Content.
We are not responsible if Content is not accurate, complete, or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on Content is at your own risk. We reserve the right to modify the Content at any time, but we have no obligation to update any information on the Platform or any related websites.
Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update any information on the Platform or on any related websites if it is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information on the Platform or on any related websites, except as required by law. No specified update or refresh date applied on the Platform or on any related websites should be taken to indicate that all information on the Platform or on any related websites has been modified or updated.
You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms & Conditions and any applicable laws, rules or regulations. You are prohibited from using the Platform or any Content:
We reserve the right to terminate your use of the Platform or any related website for violating any of the prohibited uses.
We may provide links to other websites or resources provided by third parties. These links are provided for your convenience only. We have no control over the content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party links on the Platform, you do so entirely at your own risk and subject to the terms and conditions of those websites.
We reserve the right at any time to modify or discontinue the Platform (or any part or Content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Platform. We do not have any obligation under these Terms & Conditions, except as otherwise expressly stated, to provide you with any support or maintenance in connection with the Platform.
In the event that we terminate your account, you may not use or access the Platform again without our express permission. We reserve the right to refuse accounts to any individual. You may not allow any individual whose account has been terminated by us to access the Platform using your Login Information. If you believe that any action restricting your account has been taken against you in error, please contact us at: phundraiser@paulhastings.com.
Upon termination, your account and right to access and use the Site will terminate immediately. You understand that any termination of your account may involve deletion of your data associated with your account from Platform databases. We will not have any liability whatsoever to you for the termination of your account or deletion of your data.
Upon any termination or discontinuation of the Platform or these Terms & Conditions, the following Sections will survive 2, 9, 10, 11, 12, 13, 14, 15 and 16.
YOU AGREE THAT YOUR USE OF THE PLATFORM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW PAUL HASTINGS LLP, ITS AFFILIATES, ITS PARTNERS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PAUL HASTINGS LLP DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE PLATFORM OR ITS RELATED WEBSITES AND SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH PAUL HASTINGS LLP ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE PLATFORM. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. NEITHER PAUL HASTINGS LLP NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORM ANY INFORMATION OR MATERIALS PROVIDED ON THE PLATFORM. PAUL HASTINGS LLP IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY MATERIALS ON THE PLATFORM OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
California, USA, residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PAUL HASTINGS LLP, ITS AFFILIATES, PARTNERS, EMPLOYEES, INTERNS, AGENTS, DISTRIBUTORS, AND VENDORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS & CONDITIONS OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. Notwithstanding the foregoing, Paul Hastings LLP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Paul Hastings LLP, and you agree to cooperate, at your expense, with Paul Hastings LLP’s defense of such claims. Paul Hastings LLP will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.
These Terms & Conditions, your use of the Platform, any separate agreements whereby we provide you Platform, and our entire relationship shall be governed by and construed in accordance with the state laws of New York; exclusive of conflict or choice of law rules.
No waiver by Paul Hastings LLP of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Paul Hastings LLP to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
In the event that any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions. The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions constitutes the entire agreement between you and Paul Hastings LLP with respect to your use of the Platform and supersedes all prior and contemporaneous agreements between you and Paul Hastings LLP.
The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. These Terms & Conditions operate to the fullest extent permissible by law.
Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms & Conditions, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms & Conditions absent our consent or your statutory right, without such consent, will be null and void in its entirety. Paul Hastings LLP may freely assign or transfer these Terms & Conditions without restriction. Subject to the foregoing, these Terms & Conditions will bind and inure to the benefit of the parties, their successors, and any permitted assigns.
Paul Hastings LLP shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Paul Hastings LLP’s reasonable control.
There is no joint venture, partnership, employment or agency relationship created between you and Paul Hastings LLP as a result of these Terms & Conditions or use of the Platform.
Any notices or other communications provided by Paul Hastings LLP under these Terms & Conditions will be given by posting to the Platform and/or any related websites.
Upon Paul Hastings LLP’s request, you will furnish any documentation, substantiation or releases necessary to verify your compliance with these Terms & Conditions.
You hereby waive any and all defenses you may have based on the electronic form of these Terms & Conditions and the lack of signing by the parties hereto to execute these Terms & Conditions.
We value your privacy. Our Global Privacy Statement is expressly incorporated into these Terms & Conditions by this reference.
If you have any questions regarding these Terms & Conditions, our Global Privacy Statement or our privacy practices, please contact us at privacy@paulhastings.com.