Protect Yourself From Liability By Using a Website Disclaimer
Drafted by a licensed attorney and Certified Information Privacy Professional.
Updated in 2021
A professionally drafted website disclaimer can help protect you against lawsuits and damages by transferring the responsibility for something from you to your users. Conversely, a poorly drafted one, or none at all, can open you up to lawsuits and damages.
- Download in an easy-to-edit Word document.
- Limit your legal liability regardless of what your website is offering.
- Provide notice to your users what they are responsible for.
- Clarify the product and information claims made on your website.
- Disclaim the accuracy or completeness of your information and content.
- Drafted by a licensed attorney.
- Includes easy-to-use instructions for placing this disclaimer on your website. Free technical support is available.
- Works with all types of websites: E-commerce, blogs, coaching, health, fitness, consulting, dating, social, and many others.
Why Should You Use a Website Disclaimer?
Transfer your responsibility.
In the case of your website, your goal is to transfer the responsibility from you to your visitors and customers by using a disclaimer. The disclaimer does this by taking a foreseeable event and transferring the risk from you (the website owner) to the person visiting the website.
What Does 'Foreseeability' Mean?
Is it contemplated by the disclaimer?
Foreseeability means: is this something that is contemplated by the disclaimer?
A disclaimer stating that “you won’t sue us if you get hurt by using our dating site” does not protect the website operator if his site is hacked and the visitors’ credit card numbers are compromised.
Why? Because that transfer of risk was not contemplated by the disclaimer. It could have been foreseeable, but unless the disclaimer was drafted to identify and then disclaim, the website operator would be in a world of difficulties.
That leads to the next natural question that any website or blog operator should be asking: why not just have a disclaimer that disclaims all responsibility for anything ever. Well, that has been tried. In fact, a number of jurisdictions have tackled the issue of online “throw in everything” disclaimers (disavowing of any responsibility for even gross negligence) and not a single one has been found to be valid.
Instead, website and blog operators should look for a carefully crafted and properly researched disclaimer that protects the website operator against reasonably foreseeable risks and still remains enforceable.
The language in a potential disclaimer must be chosen with the utmost care. It should accomplish the goal of avoiding misunderstandings of who bears the risk, and encompass as many potential contingencies as possible.
Why Should You Use a Website Disclaimer?
Transfer your responsibility.
In the case of your website, your goal is to transfer the responsibility from you to your visitors and customers by using a disclaimer. The disclaimer does this by taking a foreseeable event and transferring the risk from you (the website owner) to the person visiting the website.
What Does 'Foreseeability' Mean?
Is it contemplated by the disclaimer?
Foreseeability means: is this something that is contemplated by the disclaimer?
A disclaimer stating that “you won’t sue us if you get hurt by using our dating site” does not protect the website operator if his site is hacked and the visitors’ credit card numbers are compromised.
Why? Because that transfer of risk was not contemplated by the disclaimer. It could have been foreseeable, but unless the disclaimer was drafted to identify and then disclaim, the website operator would be in a world of difficulties.
That leads to the next natural question that any website or blog operator should be asking: why not just have a disclaimer that disclaims all responsibility for anything ever. Well, that has been tried. In fact, a number of jurisdictions have tackled the issue of online “throw in everything” disclaimers (disavowing of any responsibility for even gross negligence) and not a single one has been found to be valid.
Instead, website and blog operators should look for a carefully crafted and properly researched disclaimer that protects the website operator against reasonably foreseeable risks and still remains enforceable.
The language in a potential disclaimer must be chosen with the utmost care. It should accomplish the goal of avoiding misunderstandings of who bears the risk, and encompass as many potential contingencies as possible.
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Website Disclaimer
Drafted by a Licensed Attorney
Download a Website Disclaimer in an Easy-To-Edit Word Document
$24.95
