I have been working on a SaaS product for about a year and a half (on and off, among other projects). Lately I have gotten serious about the product. While doing a routine evaluation of competitors out there who are attempting or have launched a product similar to mine, I came across one in particular who had very direct and threatening language in their terms and conditions, something along the lines of:
"If you are a competitor and are accessing the site, you agree you are liable for no less than one million US dollars"
In no way do I agree to that obviously, but what line must one cross before one can be legally liable for monetary damages simply for accessing a site? Is this even enforceable?
The questions arising from all this are:
- Can a website legally demand and be awarded whatever monetary damages it claims its owed by violating its terms?