Website Disclaimer

According to the Cambridge dictionary, the word Disclaimer means a formal statement saying or informing that one is not legally responsible for something or has no direct involvement in it. It does not matter whatever be the size of the business, one has a website, then he/she needs a disclaimer.

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LEGAL BITS YOU SHOULD KNOW

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A common form of disclaimer is a warning label or sign. For example, an owner of a playground may post a sign stating use or enter at your own risk. Such a disclaimer may then lessen or remove the owner's liability if a visitor gets injured while on the playground. It helps to protect the owners of the website from any potential legal action from the users. Although it cannot guarantee 100% safety, it acts as a protection for the website owners. 

Even if they are not making money and just posting a blog, someone visits the website, there is a legal agreement that entered into with them, and therefore, the website owners are responsible for the content he/she post out there.

What should a Disclaimer include?

There are various elements of a website that can be covered by a disclaimer which includes:

  1. The accuracy of the content on the website – a Disclaimer will protect the website owners if inaccurate content caused a loss to a third party, assure a business against litigation.
  2. Copyright and Trade Marks – Disclaimers can use to provide information to the users that the content is copyrighted and hence, cannot be copied.
  3. · Transmission of viruses
  4. · Physical injury from products sold – In case of dangerous things, disclaimers can warn the users and save them from any damage.
  5. · Any issues can be covered in the Disclaimer Meaning; hence the importance of a disclaimer should be well thought out and appropriate to the business.

The legality of the Disclaimers

  1. A disclaimer may not be enforceable, depending on the nature and laws of each state. It can use in nearly every type of social or legal relationship. Thus, proving an enforceable sometimes a difficult task.
  2. Another issue is whether the aggrieved party consented to the disclaimer or not. In almost all cases, it is not enforceable if the other party did not take approval to it, or was forced or coerced into recognizing the disclaimer. 
  3. A person may consent to a disclaimer in many different ways. For example, it can sometimes contain in a contract, and the party compliance with it by signing the contract. Or, the actions might demonstrate their consent, for example, by being present on property with dangerous conditions even after reading warning signs. 

Elements of a valid disclaimers

  1. Identify the goods or services one is providing and accordingly write a disclaimer.
  2. One should always think about the liability which one might subject to.
  3. One must identify the rights which need to be protected.
  4. Understand the limitations of legal disclaimers.
  5. Limit the responsibility for third parties
  6. Include terms and conditions and a privacy statement.
  7. Include the website holder's contact information for easy contact in case of any discrepancies.
  8. Make customers aware of the disclaimers.

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