Please report any violations of the TOU by sending an email to email@example.com.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for HealthBootcamps to pursue legal action to enforce the TOU, you will be liable to pay HealthBootcamps the following amounts as liquidated damages, which you accept as reasonable estimates of HealthBootcamps’ damages for the specified breaches of the TOU:
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay HealthBootcamps one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If HealthBootcamps establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay HealthBootcamps one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access HealthBootcamps in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to HealthBootcamps email addresses or through HealthBootcamps computer systems, you agree to pay HealthBootcamps twenty five dollars ($25) for each such email.
If you post Content in violation of the TOU, other than as described above, you agree to pay HealthBootcamps one hundred dollars ($100) for each item of Content posted. In its sole discretion, HealthBootcamps may elect to issue a warning before assessing damages.
If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay HealthBootcamps one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay HealthBootcamps an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without HealthBootcamps’ express written permission, you agree to pay HealthBootcamps three thousand dollars ($3,000) for each day on which you engage in such conduct.
Notwithstanding any other provision of the TOU, HealthBootcamps retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.