An Overview

A disclaimer is a statement that specifies or delimits the rights and obligations of parties. It lays out the responsibilities that a company will and won’t assume. It is very valuable for your website and mobile app. It lets you address points about liability, copyrights, and other important topics.

If there is an error in your content, even if it is unintentional, you could be left open to legal action. To help prevent such an outcome, state in your disclaimer that you make no guarantees as to the accuracy of the information on your pages. In this way, you will not be liable for the outcome of the use of your website.

What Does a Disclaimer Include?

A disclaimer covers full liability for the product or service you offer. You should inform your customers about any risks or hazards that your product may cause. You should identify specific dangers while also noting that the list is not exhaustive. For instance, you can write a notice of risk.

A disclaimer is a notice that informs visitors to your blog or website that you are only liable if they use it. Disclaimers can be found as stand-alone, separate pages on a website or within legal documents like a privacy policy or terms and conditions agreement.

A well-written disclaimer can:

• Ensure that your intellectual property is protected.
• Dissuade others from the unauthorized use of your intellectual property.
• Protect yourself from accusations that you stole, copied, or misused someone else’s intellectual property.
• Though you may not notice them, disclaimers can be found on practically every website, and yours should contain one as well.

Types of Disclaimers

• Views Expressed Disclaimer: Common on websites, blogs, and other media platforms to let traders know that the views, thoughts, and opinions expressed belong solely to the author.
• No Responsibility Disclaimer: It prevents your business from being held responsible for damages that arise from using the website or application.
• Past Performance Disclaimer: It is commonly used with investment and financial market websites or apps where results are always unpredictable.
• Use at Your Own Risk Disclaimer: It is common with websites and apps that share information; you declare that you cannot be held legally responsible if the information used does not work.
• Errors and Omissions Disclaimer: This disclaimer lets users know that a website may have inaccurate information, and it is not to be held liable for damages because of the errors.
• Fair Use Disclaimer: When something used falls under the Fair Use Act, its disclaimer protects the user or users against being accused of copyright infringement.
• Investment Disclaimer: This disclaimer is used for websites that provide information to support investment decisions.
• Email Disclaimer: It lets the recipient know that the communication is confidential and only intended for its addressed recipient.

Benefits of a Disclaimer

Minimizes Liabilities

Disclaimers secure the power of the individuals involved, for example, the buyer and the seller, in any lawfully identified alliance. A good disclaimer can limit liabilities by minimizing legal risks.

Helps Avoid Unnecessary Lawsuits

A disclaimer is commonly stated in circumstances consisting of a definitive element of liability or ambiguity. In such instances, a good disclaimer specifically details the rights and liabilities of the user and the seller.

Checklist/Requirements of Disclaimer

To identify the need for a disclaimer, here are some requirements:

• Identify the goods or services you provide. The goods may include tangibles (any materials or objects), intangibles (any information), or both
• Think about the liability that you are subjected to
• Identify the rights you want to protect
• Understand the limitations of legal disclaimers.

What Should a Disclaimer Cover?

Limited Liability for Tangible & Intangible Goods and Services

For example, If you are selling gym products, the agreement should say that the customer assumes all responsibility for the use of the equipment.

Protecting Your Rights

Just as you want to limit your potential exposure to lawsuits, you should protect your rights in your product and warn others against violation. Disclaimer agreement should include a clause like “All the content is subject to copyright and may not be reproduced in any form without the express written consent of the author”.

Limiting Your Responsibility For Third Parties

This is especially important if your business displays advertising, using outside vendors, or has a website or social media page that is open to public comment. For instance, if you run a wedding planning business, your disclaimer should read that you cannot be held responsible for the failure of contractors in performing their duties.

Include Terms And Conditions and a Privacy Policy Statement

The terms and conditions spell out the rights and responsibilities of you, the business, and your customer. Your disclaimer can then exempt you from liability if the customer does not expect by the terms and conditions. For instance, if you sell mobile phones, you could include in your terms and conditions. Including that you are not responsible for damage to the phone if the customer does not use them appropriately.

Contact Information

This is to get in touch with the customers so that they can contact you regarding the information that you have provided. At a minimum, you should provide an email address. It helps to generate business and clear all the queries.

Make Customers Aware of Your Disclaimer

The disclaimer must be placed where it should be visible to the public. Use boldface so that it is conspicuous. It is very important to document that your customers have seen and acknowledged the disclaimer.

The disclaimers are also used in several documents which are known as document disclaimers. This draft document disclaimer is to state that the contents present in the documents are private and highly confidential.