A disclaimer is a notice which is placed on your website in an effort to limit your liability for the outcome of the use of your site. Even if you haven’t thought much about them previously, you have certainly seen disclaimers all over the web. Nearly every website has one in place, and you should as well.
While a disclaimer certainly can’t rule out the possibility of legal action taking place at some point in the future, it can go a long way toward protecting your best interests.
So what kinds of website elements can be covered by a disclaimer ? The content on your website is usually the first place to start. Even if you make every effort to confirm the accuracy of the information you have placed on your site, it is always possible that some of the information on your pages may be inaccurate.
If a website user can prove that this incorrect information has harmed them in some way, you could potentially be found liable in court. However, if you had an appropriate disclaimer in place to cover the content of your site, you may be able to successfully argue that you are not liable.
Beyond content, other pieces of your site that could be covered by a disclaimer include potential copyright issues, the transmission of viruses, and more. Technically, just about anything you place on your site can be addressed through the use of a disclaimer.
As you prepare to take your site live onto the web, it is wise to think through everything you are publishing and consider placing a disclaimer on anything that you feel may open you up to a lawsuit in the future.
It does need to be highlighted that the use of a disclaimer does not in any way eliminate the possibility of a lawsuit. Anyone can file a lawsuit at any time for any reason, whether you have a disclaimer in place or not.
It will be up to the courts to determine the validity of a lawsuit that has been levied against you, which is where a quality disclaimer could come into the picture. If a court determines that your disclaimers do, in fact, cover the items in question in the lawsuit, you may be protected from liability.
One of the good things about living in the internet age is the ease with which anyone can start their own website. You do not need to have the support of a large corporate to get up and running on the web – any individual with internet access can have a site live online in just minutes.
For those with an entrepreneurial spirit, this is a great thing actually. If you would like to start your own business, a website provides you with access to millions of potential customers for a very small investment.
For having your own site which offers information, goods, or services to the public, you only need to invest a bit of your time along with a small amount of money for hosting and a domain name.
Technology has made it easier than ever before to get into business for yourself, there are some issues that you need to watch out for if you wish to prosper in the long run. As is the case with any business – online or off – there are potential legal problems that need to be avoided.
When someone uses your website, you are offering them information of some kind. If that information should prove to be inaccurate or otherwise damaging in some way, you could find yourself facing a lawsuit.
It should go without saying that all business owners would like to avoid any potential legal issues if at all possible.
It is with that background that we are going to move into the topic of disclaimers. If you own and operate a blog or any other website, you should strongly consider adding a disclaimer that can work to potentially shield you from some form of legal liability.
By the end of this article, we hope that you will clearly understand the vital need for an accurate, appropriate disclaimer on your website.
Content that should be included in a disclaimer is going to depend greatly on the type of website you own. It is impossible to say exactly what should be included in each and every website disclaimer because sites come in all different shapes and sizes.
The best disclaimer is the one that fits the needs of your business perfectly. There are a few things which you should consider including in your disclaimer, provided that they match up with the content and purpose of your site.
This is one of the main purposes of posting a disclaimer to your website. If there is an error in your content, even if it was unintentional, you could be left open to legal action. To help prevent that outcome, state in your disclaimer that you make no guarantees as to the accuracy of the information on your pages.
When you are selling physical products on your site, it should be obvious that you want to disclaim liability for any physical harm caused by your goods. Selling a defective product is never something you want to do, and you could still face legal action with a disclaimer in place, but this inclusion could help you in the long run.
Assuming you have personally written the content on your site, or paid to have it written for your website , claim ownership over the copyright of that content in your disclaimer. Will this guarantee that no one is going to copy your work? No – of course not. It is a good start, however, and it will hopefully keep some people from taking what is not theirs to use.
Do you run ads on your site? It is likely that those ads are served by a third party over whom you have no control.To potentially avoid legal responsibility for abuse caused by those ads ,or any other third-party content on your site , include a disclaimer which states you are not responsible for the actions or failures of any third parties.
This list should only be considered a partial representation of the items which can be included in a disclaimer. Again, you need to think carefully about your business, the content of your site, and what potential legal challenges could come your way. As long as you address those issues properly in your disclaimer, you will have a good chance at steering clear of legal trouble.
The information contained in this website is for general information purposes only. The information is provided by [Website Name], a property of [Business Name]. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of [Business Name]. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, [Business Name] takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
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