Abortion Taxi - Terms of use
By entering this abortion.taxi website (the “Website”) or any sub-section thereof, or registering with the Website you hereby agree to all of the following terms (the “Agreement”) of use with Healthcare Taxi, a New Jersey Nonprofit Corp [501(c)(3) IRS approval status pending] (hereinafter, “HealthcareTaxi”), INCLUDING BUT NOT LIMITED TO WAIVER OF RIGHT TO TRIAL BY JURY, WAIVER OF COLLECTIVE ACTIONS, MANDATORY ARBITRATION, LIQUIDATED DAMAGES, and PRE-SUIT BOND FOR BRINGING SUIT.
This Agreement provides the sole and exclusive means of any remedies for any end-user of the Website, whether such a person is registered to use the Website or not (“You” or “User”).
You agree you have no remedy at law or in equity against any individual person who maintains the Website. Any remedy You may have is governed by this Agreement and may exclusively be pursued against HealthcareTaxi but such remedies are SEVERELY LIMITED as outlined in this Agreement.
YYou agree you have no remedy at law or in equity against HealthcareTaxi for another end-user’s use of the Website. This includes but not is limited to user-to-user communications and any actions that may occur as a result of such user-to-user communication.
Limitations on Your against the Website/HealthcareTaxi do NOT govern user-to-user interactions. YOU ARE SUBJECT TO CRIMINAL AND CIVIL LIABILITY FOR YOUR ACTIONS TO OR WITH OTHER USERS. That includes, but is not limited to:
You understand and agree this is a representative and not an exhaustive list.
You further agree and understand the inherent risk of using this Website, and that nefarious Users may, despite the stated purpose and several penalties for violations of the law above, violate these terms. In such a case, as outlined in detail above, although You have extremely limited (if any) recourse against this Website and HealthcareTaxi, You may pursue such a criminal and/or civil action against the nefarious User(s). YOU HEREBY UNDERSTAND THAT OTHER USERS MAY TAKE SUCH ACTIONS DESPITE WEBSITE/HEALTHCAREAXI’s EFFORTS. YOU HEREBY UNDERSTAND AND AGREE TO HOLD WEBSITE and HEALTHCARETAXI HARMLESS FOR ANY OTHER USERS’ ACTIONS.
Website and HealthcareTaxi encourage You to report to the Website administrators and moderators any harassing conduct by other Users. Website and HealthcareTaxi further encourage you to contact the necessary authorities in the event of any threating act. Website and HealthcareTaxi further encourage you to use the following website and “Field Manual” if you believe you are being targeted and the subject of harassment: https://onlineharassmentfieldmanual.pen.org/
You further agree and understand that the administrators of the Website have full, final, and binding authority to ban any User for any reason.
To the extent that third-party advertisements appear on this website, You understand you must contact those third-party advertisers to delete data, if any, collected by using or visiting this Website. You agree that HealthcareTaxi has not duty or ability to remove any such data, which may or may be private.
Should you donate to HealthcareTaxi, simply contact the third-party donation website DonorBox (donorbox.com) to be removed from any communications or removal of data to the fullest extent possible. You understand, accept, and agree that federal law may require HealthcareTaxi to maintain a list of all IRS 501(c)(3) donations.
You agree that HealthcareTaxi has taken every possible means to anonymize data, but You also acknowledge and agree that no anonymization effort is perfect. YOU UNDERSTAND THE RISKS OF USING THIS WEBSITE MEANS THAT THIRD-PARTIES MAY ATTEMPT TO OBTAIN USER DATA FOR REASONS THAT HEALTHCARETAXI TOTALLY DISAGREES WITH. You further understand and agree that third parties, despite provisions forbidding it pursuant to this Agreement, may nevertheless seek to obtain User data. You agree to hold HealthcareTaxi harmless to the extent that HealthcareTaxi is subject to Court order to produce User data.
By using this Website, You agree that Texas state statute Tex. Health & Safety Code § 171.208 and similar other-state analogs are preempted and barred as a matter of law by 47 U.S. Code § 230(e)(3).
You further agree that to the extent that any subpoena is issued by You or anyone You authorize that such a subpoena is subject to all of the terms of this Agreement, including but not limited to the MANDATORY ARBITRATION, PRE-SUIT BOND subsections as outlined herein.
You understand an agree this is a one-way provision that allows HealthcareTaxi to pursue certain civil or criminal actions against You. Although HealthcareTaxi may pursue these actions against You, You are subject to the MANDATORY ARBITRATION, and LIQUIDATED DAMAGES AND PRE-SUIT BOND clauses without limitation. You are aware and agree there are not exceptions for You to bring criminal or civil actions against the Website or HealthcareTaxi but the inverse is not true: as outlined above, You may be subject to certain criminal and civil actions that are not subject to the LIMITED TO WAIVER OF RIGHT TO TRIAL BY JURY, WAIVER OF COLLECTIVE ACTIONS, MANDATORY ARBITRATION, LIQUIDATED DAMAGES, and PRE-SUIT BOND clauses when the Website or HealthcareTaxi brings an action against You for the reasons as outline above.
You may unsubscribe from receiving text messages or promotional calls at any time by (i) replying STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT to any text message such Member receives from the HealthcareTaxi or (ii) email to info@abortion.taxi with one of the forgoing words in the subject line. You acknowledge and consent that following such a request to unsubscribe, it may take up to five (5) business days for messages to stop.
You Agree that the question of whether Your Claim may be arbitrated will be resolved by arbitration and not by a court of law.
Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED ON OR BEFORE ONE (1) MONTH AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE (WHETHER OR NOT YOU BECAME AWARE THAT SUCH A CLAIM AROSE) OR BE FOREVER BARRED.
You agree that Your claim must be arbitrated individually. You agree to not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration.
THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, MONMOUTH COUNTY, NEW JERSEY.
You understand ang agree that this arbitration provision is a one-way provision. This means that although You are limited in bringing Claims against HealthcareTaxi, HealthcareTaxi has no reciprocal obligation to pursue remedies through Arbitration. In other words, HealthcareTaxi may bring a claim against you for any reason at any time for, for example, misuse of this Website and violation of this Agreement, as outlined above.
If the amount in the Pre-suit Bond held in trust equals or falls below $10,000 (ten thousand US Dollars) (a “Low Bond”), You agree to add to the Pre-suit Bond held in trust within five (5) business days until it totals 1500,000 (one-hundred thousand US Dollars). If You are unable to remedy the Low Bond, on the sixth (6) business day after a Low Bond occurs, You agree: 1) to immediate stipulation of dismissal with prejudice for any remedy (at law or equity) against HealthcareTaxi, and 2) that HealthcareTaxi may keep any remaining amount of the Low Bond for its IRS-approved 501(c)(3) tax purposes. You agree that such a forfeiture is not punitive in nature and is fair relation to the harm caused to HealthcareTaxi for brining suits a suit or Claim.
You agree that any action for any remedy (at law or equity) against HealthcareTaxi as outlined (and restricted) by this Agreement is ineffectual unless service upon HealthcareTaxi is accompanied with a cashiers check in the amount of $100,000 (one-hundred thousand US Dollars) for the Pre-suit Bond.
You agree that any default judgment entered by You against HealthcareTaxi without accompanying any service of process with the Pre-suit Bond is ineffectual, may be lifted by motion enforcing this Agreement, and You agree to immediately pay $100,000 (one-hundred thousand US Dollars) upon HealthcareTaxi filing a motion to lift or remove default judgment. You agree that such a forfeiture is not punitive in nature and is fair relation to the harm caused to HealthcareTaxi for brining suits a suit or Claim.
You understand ang agree that this Pre-suit Bond provision is a one-way provision. This means that although You are obligated to fulfill the Pre-suit Bond in bringing Claims against HealthcareTaxi, HealthcareTaxi has no reciprocal obligation to provide a Pre-suit Bond to pursue remedies against You. In other words, HealthcareTaxi may bring a claim against you for any reason at any time for, for example, misuse of this Website and violation of this Agreement, as outlined above, without the need for a Pre-suit Bond.
The acceptance by HealthcareTaxi of any action by You on or concerning the Website does not constitute HealthcareTaxi acceptance or default of any covenant, term or condition unless otherwise this is expressly agreed to by HealthcareTaxi in writing. HealthcareTaxi’s failure to insist on performance of any of the terms or conditions herein or to exercise any right or privilege or the HealthcareTaxi’s waiver of any breach hereunder shall not thereafter waive any other term, condition, or privilege, whether of the same or similar type.
This Agreement provides the sole and exclusive means of any remedies for any end-user of the Website, whether such a person is registered to use the Website or not (“You” or “User”).
You agree you have no remedy at law or in equity against any individual person who maintains the Website. Any remedy You may have is governed by this Agreement and may exclusively be pursued against HealthcareTaxi but such remedies are SEVERELY LIMITED as outlined in this Agreement.
YYou agree you have no remedy at law or in equity against HealthcareTaxi for another end-user’s use of the Website. This includes but not is limited to user-to-user communications and any actions that may occur as a result of such user-to-user communication.
PURPOSE OF THE WEBSITE
The explicitly stated purpose of this website is to facilitate anonymous, safe, and secure user-to-user communications for access to medical transportation requested by the user. If a User is clear that the User is seeking an abortion, You may not discuss or imply or offer alternatives to abortion services. You agree to communicate with the abortion-seeking User only for the purpose of facilitating and assisting transportation to abortion providers in states where it is legal to perform such a medical procedure. You will be banned and subject to severe civil and criminal penalties, as outlined herein for misleading communications to end-users or providing transposition not as requested. As outlined above, the WAIVER OF RIGHT TO TRIAL BY JURY, WAIVER OF COLLECTIVE ACTIONS, MANDATORY ARBITRATION, LIQUIDATED DAMAGES, and PRE-SUIT BOND FOR BRINGING SUIT sections are only between You and this Website/HealthcareTaxi. Further, as outlined above, Website/HealthcareTaxi may institute certain actions against You for certain actions (but the inverse is not true).Limitations on Your against the Website/HealthcareTaxi do NOT govern user-to-user interactions. YOU ARE SUBJECT TO CRIMINAL AND CIVIL LIABILITY FOR YOUR ACTIONS TO OR WITH OTHER USERS. That includes, but is not limited to:
- “Doxxing” (knowingly release to the public restricted personal information)
- 18 U.S.C. § 119
- 18 U.S.C. § 1028
- Hacking/misuse of information
- Computer Fraud and Abuse Act of 1986 (CFAA), 18 U.S.C. § 1030, et seq.
- Cyber-harassment and cyber-stalking and making threats across state lines
- The New Jersey Code of Criminal Justice Section 2C:33-4.12C:33-4.1
- 18 U.S.C. § 2261A(2)
- 18 U.S.C. § 875
- 47 U.S.C. § 223
- Kidnapping
- The New Jersey Code of Criminal Justice Section 2C:13-1
- 18 U.S.C. § 1201
You understand and agree this is a representative and not an exhaustive list.
You further agree and understand the inherent risk of using this Website, and that nefarious Users may, despite the stated purpose and several penalties for violations of the law above, violate these terms. In such a case, as outlined in detail above, although You have extremely limited (if any) recourse against this Website and HealthcareTaxi, You may pursue such a criminal and/or civil action against the nefarious User(s). YOU HEREBY UNDERSTAND THAT OTHER USERS MAY TAKE SUCH ACTIONS DESPITE WEBSITE/HEALTHCAREAXI’s EFFORTS. YOU HEREBY UNDERSTAND AND AGREE TO HOLD WEBSITE and HEALTHCARETAXI HARMLESS FOR ANY OTHER USERS’ ACTIONS.
Website and HealthcareTaxi encourage You to report to the Website administrators and moderators any harassing conduct by other Users. Website and HealthcareTaxi further encourage you to contact the necessary authorities in the event of any threating act. Website and HealthcareTaxi further encourage you to use the following website and “Field Manual” if you believe you are being targeted and the subject of harassment: https://onlineharassmentfieldmanual.pen.org/
You further agree and understand that the administrators of the Website have full, final, and binding authority to ban any User for any reason.
USER PRIVACY
You understand that HealthcareTaxi and the Website only uses information gathered or posted on this website for two purposes: 1) selling of third-party advertisement (the third-parties of which may or may not collect personal information), and 2) collecting non-profit donations for running of the HealthcareTaxi organization via the third-party company DonorBox (donorbox.com).To the extent that third-party advertisements appear on this website, You understand you must contact those third-party advertisers to delete data, if any, collected by using or visiting this Website. You agree that HealthcareTaxi has not duty or ability to remove any such data, which may or may be private.
Should you donate to HealthcareTaxi, simply contact the third-party donation website DonorBox (donorbox.com) to be removed from any communications or removal of data to the fullest extent possible. You understand, accept, and agree that federal law may require HealthcareTaxi to maintain a list of all IRS 501(c)(3) donations.
You agree that HealthcareTaxi has taken every possible means to anonymize data, but You also acknowledge and agree that no anonymization effort is perfect. YOU UNDERSTAND THE RISKS OF USING THIS WEBSITE MEANS THAT THIRD-PARTIES MAY ATTEMPT TO OBTAIN USER DATA FOR REASONS THAT HEALTHCARETAXI TOTALLY DISAGREES WITH. You further understand and agree that third parties, despite provisions forbidding it pursuant to this Agreement, may nevertheless seek to obtain User data. You agree to hold HealthcareTaxi harmless to the extent that HealthcareTaxi is subject to Court order to produce User data.
SECTION 230 OF COMMUNICATIONS DECENCY ACT
You acknowledge and agree that the Website is an interactive computer service provider under Section 230 of the Communications Decency Act (47 US Code § 230). Though HealthcareTaxi may edit, remove, or control the content displayed through the Website, you agree that HealthcareTaxi will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.By using this Website, You agree that Texas state statute Tex. Health & Safety Code § 171.208 and similar other-state analogs are preempted and barred as a matter of law by 47 U.S. Code § 230(e)(3).
APPLICABLE STATE LAW
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of NEW JERSEY.APPLICABLE STATE CHOICE OF LAW LAW
All issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement and use of this Website are governed by, and construed in accordance with, the laws of the State of NEW JERSEY, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of NEW JERSEY or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of NEW JERSEY.CONSENT TO JURISDICTION
In the event that You commence a lawsuit or other proceeding relating to or arising from this Agreement, You agree that the United States District Court for the District of New Jersey shall have the sole and exclusive jurisdiction over any such proceeding. If all such courts lack federal subject matter jurisdiction, You agree that the Superior Court Division of New Jersey, Chancery Division of Monmouth County shall have sole and exclusive jurisdiction. Any of these courts shall be proper venue for any such lawsuit or judicial proceeding You waive any objection to such venue. You consent to and agree to submit to the jurisdiction of any of the courts specified herein and agree to accept the service of process to vest personal jurisdiction over them in any of these courts. You agree that HealthcareTaxi only consents to jurisdiction in the venues as outlined herein subject to all of the terms of this Agreement, including but not limited to the MANDATORY ARBITRATION, THIRD-PARTY SUBPOENAS DISALLOWED, and PRE-SUIT BOND subsections as outlined herein. In other words, HealthcareTaxi may initiate a lawsuit in the venues as outlined above against you, but the inverse is NOT true: You and anyone You authorize may only initiate any suit or proceeding (including for a third-party subpoena) via the MANDATORY ARBITRATION as outlined herein.THIRD-PARTY SUBPOENAS DISALLOWED
You agree that You nor anyone You authorize will subpoena HealthcareTaxi in any manner, whether for documents, testimony, or other information as provided by and under Rule 45 of the Federal Rules of Civil Procedure, Rule 1-9 of the New Jersey Rules of Court or any other Federal-law criminal or State law analog. This paragraph includes by is not limited to User data in any form, including information that constitutes or may be used to obtain personal identifying information.You further agree that to the extent that any subpoena is issued by You or anyone You authorize that such a subpoena is subject to all of the terms of this Agreement, including but not limited to the MANDATORY ARBITRATION, PRE-SUIT BOND subsections as outlined herein.
WAIVER OF NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT
You hereby agree that using this Website is a privilege and not a right. You agree that if You register and use the Website, You hereby waive any rights you may have against HealthcareTaxi under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14, et seq. (“TCCWNA”).To the extent that waiver of TCCWNA is disallowed, you agree to bring any such claims subject to the WAIVER OF RIGHT TO TRIAL BY JURY, WAIVER OF COLLECTIVE ACTIONS, MANDATORY ARBITRATION, LIQUIDATED DAMAGES, and PRE-SUIT BOND FOR BRINGING SUIT as outlined herein.UNAUTHORIZED DATA COMPILATION
You agree that that You nor anyone You authorize will use any manual or automated software, devices, or other automated processes (including but not limited to spiders, robots, scrapers, crawlers, data mining tools, or the like, other than the search engine available as part of the Services) to "scrape" or download data contained in or on the Website. Any attempt to “scrape” or download data is strictly prohibited. You consent to liquidated damages in the amount of $100,000 (one-hundred thousand US Dollars) in the event you collect any such data as outlined in this paragraph.YOUR POTENTIAL LIABILITY TO HEALTHCARETAXI
You agree and understand that HealthcareTaxi may, at its discretion, pursue civil or seek criminal action on behalf of the State of New Jersey or the US Government against You for any reason permitted under the law. The following laws and similar other state law, federal law, or common law corollaries are representative examples of such liability You may face for improperly using the Website pursuant to this Agreement:- “Doxxing” (knowingly release to the public restricted personal information)
- 18 U.S.C. § 119
- 18 U.S.C. § 1028
- Hacking/misuse of information
- Computer Fraud and Abuse Act of 1986 (CFAA), 18 U.S.C. § 1030, et seq.
- Cyber-harassment and cyber-stalking and making threats across state lines
- The New Jersey Code of Criminal Justice Section 2C:33-4.12C:33-4.1
- 18 U.S.C. § 2261A(2)
- 18 U.S.C. § 875
- 47 U.S.C. § 223
- Kidnapping
- The New Jersey Code of Criminal Justice Section 2C:13-1
- 18 U.S.C. § 1201
You understand an agree this is a one-way provision that allows HealthcareTaxi to pursue certain civil or criminal actions against You. Although HealthcareTaxi may pursue these actions against You, You are subject to the MANDATORY ARBITRATION, and LIQUIDATED DAMAGES AND PRE-SUIT BOND clauses without limitation. You are aware and agree there are not exceptions for You to bring criminal or civil actions against the Website or HealthcareTaxi but the inverse is not true: as outlined above, You may be subject to certain criminal and civil actions that are not subject to the LIMITED TO WAIVER OF RIGHT TO TRIAL BY JURY, WAIVER OF COLLECTIVE ACTIONS, MANDATORY ARBITRATION, LIQUIDATED DAMAGES, and PRE-SUIT BOND clauses when the Website or HealthcareTaxi brings an action against You for the reasons as outline above.
TELEPHONE CONSUMER PROTECTION ACT CONSENT
You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from the Website, its affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that You provide to HealthcareTaxi (including any cellular telephone numbers). Your cellular or mobile telephone provider may charge You according to the type of plan You have.You may unsubscribe from receiving text messages or promotional calls at any time by (i) replying STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT to any text message such Member receives from the HealthcareTaxi or (ii) email to info@abortion.taxi with one of the forgoing words in the subject line. You acknowledge and consent that following such a request to unsubscribe, it may take up to five (5) business days for messages to stop.
MANDATORY ARBITRATION, WAIVER OF JURY TRIAL, TIME LIMITS ON ANY CLAIM, AND LIMITATION OF DAMAGES
You Agree that any dispute or claim You have (in law or equity) against HealthcareTaxi for any reason (a “Claim”) will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules except: 1) as provided in this Agreement with respect to You providing a Pre-Suit Bond, 2) you agree to pay all arbitration fees and costs for bringing such a Claim, and 3) limitation on damages as outlined below. The arbitration will take place in Monmouth County, New Jersey. The arbitrator"s decision will follow the plain meaning of this Agreement, and will be final and binding.You Agree that the question of whether Your Claim may be arbitrated will be resolved by arbitration and not by a court of law.
LIMITATIONS ON ARBITRATION DAMAGES
WWithout limiting the foregoing, the You and HealthcareTaxi agree that no arbitrator has the authority to: (i) award relief in excess of $1,000 (one-thousand dollars) against HealthcareTaxi; (ii) award punitive or exemplary damages against HealthcareTaxi; (iii) award injunctive relief of any kind against HealthcareTaxi, or (iv) order the production of testimony, data, or documents the type of which may otherwise be available if not for this and other terms in this Agreement via means such as under Rule 45 of the Federal Rules of Civil Procedure or Rule 1-9 of the New Jersey Rules of Court.Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED ON OR BEFORE ONE (1) MONTH AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE (WHETHER OR NOT YOU BECAME AWARE THAT SUCH A CLAIM AROSE) OR BE FOREVER BARRED.
You agree that Your claim must be arbitrated individually. You agree to not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration.
THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, MONMOUTH COUNTY, NEW JERSEY.
You understand ang agree that this arbitration provision is a one-way provision. This means that although You are limited in bringing Claims against HealthcareTaxi, HealthcareTaxi has no reciprocal obligation to pursue remedies through Arbitration. In other words, HealthcareTaxi may bring a claim against you for any reason at any time for, for example, misuse of this Website and violation of this Agreement, as outlined above.
PRE-SUIT BOND
By pursuing any action for any remedy (at law or equity) against HealthcareTaxi, including any arbitration action Claim, You understand that You must pre-pay $100,000 (one-hundred thousand US Dollars) in immediate bond, to be held in trust by HealthcareTaxi (the “Pre-suit Bond”). You agree that HealthcareTaxi may use the funds held in the Pre-suit Bond trust for any costs of defense or for bringing a counter-claim or counter-claims against You. You further Agree that that HealthcareTaxi may use the funds held in the Pre-suit Bond trust at an hourly rate of $995 (nine-hundred-ninety-five US Dollars) for HealthcareTaxi (or its representatives) time to defend or counter-claim against You for initiating any action for a remedy. You agree that $995 (nine-hundred-ninety-five US Dollars) per hour is a fair, reasonable, and adequate hourly rate for HealthcareTaxi (or its representatives) to defend or bring counter-claims against You.If the amount in the Pre-suit Bond held in trust equals or falls below $10,000 (ten thousand US Dollars) (a “Low Bond”), You agree to add to the Pre-suit Bond held in trust within five (5) business days until it totals 1500,000 (one-hundred thousand US Dollars). If You are unable to remedy the Low Bond, on the sixth (6) business day after a Low Bond occurs, You agree: 1) to immediate stipulation of dismissal with prejudice for any remedy (at law or equity) against HealthcareTaxi, and 2) that HealthcareTaxi may keep any remaining amount of the Low Bond for its IRS-approved 501(c)(3) tax purposes. You agree that such a forfeiture is not punitive in nature and is fair relation to the harm caused to HealthcareTaxi for brining suits a suit or Claim.
You agree that any action for any remedy (at law or equity) against HealthcareTaxi as outlined (and restricted) by this Agreement is ineffectual unless service upon HealthcareTaxi is accompanied with a cashiers check in the amount of $100,000 (one-hundred thousand US Dollars) for the Pre-suit Bond.
You agree that any default judgment entered by You against HealthcareTaxi without accompanying any service of process with the Pre-suit Bond is ineffectual, may be lifted by motion enforcing this Agreement, and You agree to immediately pay $100,000 (one-hundred thousand US Dollars) upon HealthcareTaxi filing a motion to lift or remove default judgment. You agree that such a forfeiture is not punitive in nature and is fair relation to the harm caused to HealthcareTaxi for brining suits a suit or Claim.
You understand ang agree that this Pre-suit Bond provision is a one-way provision. This means that although You are obligated to fulfill the Pre-suit Bond in bringing Claims against HealthcareTaxi, HealthcareTaxi has no reciprocal obligation to provide a Pre-suit Bond to pursue remedies against You. In other words, HealthcareTaxi may bring a claim against you for any reason at any time for, for example, misuse of this Website and violation of this Agreement, as outlined above, without the need for a Pre-suit Bond.
AGREEMENT OF FAIR AMOUNT OF LIQUIDATED DAMAGES AND PRE-SUIT BOND
It is expressly agreed between You and HealthcareTaxi that all liquidated damages and Pre-suit Bond payable under this Agreement do not constitute a penalty and are not punitive in nature. You and HealthcareTaxi agree that the amounts outlined for specific liquidated damages and Pre-suit Bond are reasonable in light of the anticipated harm caused by the breach related thereto and the difficulties of proof of loss and inconvenience or nonfeasibility of obtaining any adequate remedy. You agree you are estopped from contesting the validity or enforceability of such liquidated damages or Pre-suit Bond. You agree to e-mail info@abortion.taxi should you wish to negotiate the amount of any liquidated damages or Pre-suit Bond as outlined in this Agreement. You agree that if an agreement between You and HealthcareTaxi cannot be reached regarding the amount of liquidated damages or Pre-suit Bond pursuant to this Agreement, that You nor anyone You authorize may use or otherwise access the Website.SEVERABILITY
If any term or provision of this Agreement found to be prohibited by law, such a term shall be ineffective to the extent of such prohibition without invalidating the remainder of the Agreement.WAIVER
No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed, and any waiver of the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition.The acceptance by HealthcareTaxi of any action by You on or concerning the Website does not constitute HealthcareTaxi acceptance or default of any covenant, term or condition unless otherwise this is expressly agreed to by HealthcareTaxi in writing. HealthcareTaxi’s failure to insist on performance of any of the terms or conditions herein or to exercise any right or privilege or the HealthcareTaxi’s waiver of any breach hereunder shall not thereafter waive any other term, condition, or privilege, whether of the same or similar type.