Example of a Legal Disclaimer
Here is an example of a disclaimer from Nanyang Technical University in Singapore: While it has not been established whether an “email” disclaimer actually helps you avoid liability in court, the “email” disclaimer has some general advantages. The investment blog contains a paragraph in its disclaimer that deals with investment advice and considers that it is based on “personal opinion and experience” and that it “should not be considered professional financial investment advice”. We`ll show you when you should use disclaimers, give examples of some of the most commonly used and important disclaimers, and give advice on how best to review your disclaimers. Place your disclaimer where users can easily find it. You can place your disclaimer(s) on a separate page and then link to that page in your website menu, website footer, or print page, as applicable. A copyright exclusion protects the original content from theft by the user. He explains that you own your website and everything in it – and that there are legal consequences if you use your work without permission. The FCC`s disclaimer makes it clear to users that the podcast exists to provide guidance, not to provide a strict interpretation of FCC policy. While such a disclaimer is usually not strictly necessary for your work to be copyrighted, it is a simple step to let everyone know that the content on your site is proprietary and should not be used without your permission. These warnings are simple, but must follow certain guidelines. These guidelines are lengthy in nature, but can be summarized by the word “unambiguously”. A disclaimer does not exclude any warranty, whether implied or specific/legal.
However, a valid disclaimer is a great way to protect yourself from many different liability claims. As long as your disclaimer is well drafted and relevant to your website, it plays an important role in your company`s legal mind. Here`s an example of a HIPAA disclaimer from a University of Miami HIPAA email: A testimonial disclaimer indicates that experiences or results shared in a testimonial are not guaranteed. A disclaimer protects the company from dissatisfied customers who believe they have been promised certain results. Terry Brennan is a seasoned corporate, intellectual property and emerging corporate transaction attorney who has been a partner at two national Wall Street law firms and a trusted business advisor. He focuses on providing practical, cost-effective and creative legal advice to entrepreneurs, established businesses and investors for commercial, corporate finance, intellectual property and technology transactions. As a partner in well-known law firms, Terry has worked on financing, mergers and acquisitions, joint ventures, securities transactions, outsourcing and structuring of business units to protect, license, finance and commercialize technology, manufacturing, digital media, intellectual property, entertainment and financial assets. As General Counsel of IBAX Healthcare Systems, Terry was responsible for all related legal and commercial matters, including healthcare information systems licensing agreements, mergers and acquisitions, product development and regulatory matters, contract administration and litigation. Terry is a graduate of Georgetown University Law Center, where he served as editor of Law Review. He is active in a number of economic developments, entrepreneurial accelerators, veterans and civic organizations in Florida and New York.
The exact content and coverage of a particular disclaimer is usually 100% unique. However, the vast majority of disclaimers fall into one of the following categories: If a consumer files a legal claim against your business, your disclaimers will provide you with the legal lifeline you need. However, exclusions of liability do not protect you against gross negligence. Generally the most concise of all disclaimers, a copyright disclaimer – also known as a copyright notice – simply lets others know that the material they are accessing belongs to you. A copyright notice typically includes the author`s name, the year of copyright, the internationally recognized copyright symbol, and a reference to the reservation of rights. Twitter`s Terms of Service also include an “as is” disclaimer: you must include a disclaimer if you accept guest content or reader posts, moderated or not. These warnings allow your contributors to submit content they think is right, whether your organization agrees or not. The whole disclaimer is very long and covers many bases, so check out the link above to get a better idea of how to draft a really good disclaimer to limit your liability. Amazon Associates, for example, is an affiliate marketing program through which bloggers and website owners promote Amazon products on their websites by providing links.
By adding the fair use disclaimer, you add an extra layer of protection to your site in case the original owner of the borrowed content challenges your use. I am a licensed lawyer in Washington who specializes in trademark practice and has extensive trademark training and academic training. Currently, I work with domestic and international companies seeking trademark protection in the United States by conducting trademark searches, providing legal advice, filing applications with the USPTO, and preparing responses to regulatory actions. I am passionate about trademark law and always look forward to helping small and medium-sized businesses promote their value through a registered federal trademark. If you have any questions or concerns about trademark, copyright or intellectual property licensing and need legal advice, please do not hesitate to contact me so that we can have an initial conversation. Not only will they help you resolve important legal issues, but they will also help you completely manage the process. Whether it`s sharing your thoughts on a consent form or signing the contract, talk to a lawyer to get the best result. If you publish any type of informational content, a standard disclaimer without warranty allows you to be a source of industry knowledge without any obligation to your users. For example, as a seller of precious metals, you can say that “the value of gold has more than tripled between 2020 and 2022!” A disclaimer for offensive content warns visitors that they may find material on your site that is rude, obscene, or generally offensive. Rinky S. Parwani began her career as an attorney in Beverly Hills, California, where she handled complex, high-profile litigation and entertainment rights.
Later, his practice turned to Lake Tahoe, California, with a focus on business development, trademarks, real estate resort development, and government law.