Owning a business comes with risk, but you want to limit unnecessary risk wherever possible. A disclaimer is a simple statement that may dramatically impact your legal liability. Including one on your website footer, products, or client agreements can go a long way toward protecting your business. Here’s a guide to these statements.
What is a Disclaimer Statement?
A disclaimer is a statement that specifies or places limits on a business or individual’s legal liability. For example, a company’s disclaimer statement may state that they cannot be held responsible if their products or services are used without following instructions in the owner’s manual. They can also be used to limit an individual’s liability when sharing tips or opinions. Some disclaimers are required by law, while others are just a good idea to prevent lawsuits or disputes. You can also create a funny email disclaimer if you don’t want to take yourself seriously.
How do I Write a Disclaimer?
Disclaimers should be clear, concise, and general. So they should be easy to write. Just specify the limits of your professional responsibility or liability. You can also use a disclaimer generator tool or template to start. Then input your specific information to make it applicable to your business.
Types of Disclaimer
There are several types of disclaimers that are applicable to various individuals and businesses. When crafting your own, it helps to be specific in your searches. For example, search “trigger warning disclaimer examples,” “email disclaimer examples,” “product disclaimer examples,” or “views expressed disclaimer examples” instead of browsing through tons of generic templates.
Here are some of the most common types of disclaimers:
- Responsibility disclaimer
- Fair use disclaimer
- Past performance disclaimer
- Copyright disclaimer
- Warranty disclaimer
- Risk disclaimer
- Medical disclaimer
- Errors or omissions disclaimer
10 Disclaimer Statement Examples
The type of disclaimer you include on your website or other materials depends on your business and the type of liability you want to avoid. Here are some types of common disclaimers.
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1. Testimonial Disclaimer
A testimonial disclaimer specifies that the experiences or results shared in a testimonial are not guaranteed. A disclaimer protects the business from unhappy clients who may believe they were promised certain results.
2. Affiliate Disclaimer
An affiliate disclaimer lets anyone using your website know that you may share links from affiliate companies. A disclaimer lets customers know that you earn a commission from these sales, allowing them to make informed buying decisions.
3. Trademark Disclaimer
Including trademarked product or brand names on your website or marketing materials may be misleading. A trademark disclaimer specifies that you are not affiliated with these other brands.
4. Copyright Disclaimer
A copyright disclaimer states that certain elements of a business, website, or other materials are protected by copyright. This may include things like photos or text within a website or app. It may also lay out how others can and cannot use these materials.
5. Views Expressed Disclaimer
A views expressed disclaimer is often used when an individual or group shares opinions within a forum associated with a business. Many organizations require or encourage employees to use these disclaimers when sharing views online.
6. Warranty Disclaimer
Warranty disclaimers state that a product or service, or any information provided by a company, is not protected by warranty.
7. Fair Use Disclaimer
U.S. law allows some copyrighted material to be used without permission if it is for education, criticism, or commentary. This type of disclaimer states your use of this material and specifies that you don’t have direct permission from the copyright owner.
8. Errors and Omissions Disclaimer
Those who share professional advice online may be vulnerable to errors and omissions lawsuits. These are especially common with things like legal advice or investment advice. These disclaimer types limit your liability if someone suffers damages due to your guidance.
9. Past Performance Disclaimer
If you share successes on your website, some could construe that as a guarantee. This disclaimer of liability states that you cannot guarantee those results.
10. Legal Disclaimer
Sharing legal advice online can open you up to lawsuits. This disclaimer states that your content is for general informational purposes so you cannot be held responsible.
Every business needs a disclaimer to protect itself from potential liabilities and to set clear expectations for its users. While each disclaimer should be tailored to the specific business and its offerings, using a template can serve as a helpful starting point. Here’s a more comprehensive outline you can customize to suit your needs:
- General Information: The information provided on this website is intended for general informational purposes only. It should not be considered as professional advice or a substitute for seeking professional guidance.
- No Warranty: [Business name] makes no representation or warranty, express or implied, regarding the accuracy, completeness, reliability, or availability of the content on this site. The use of the information is at the user’s own risk.
- Not Financial, Legal, or Medical Advice: The content on this website does not constitute financial, legal, medical, or any other professional advice. Users should consult with the relevant professionals for specific advice related to their situation.
- Third-Party Links: This website may contain links to third-party websites or content. These links are provided for convenience only, and [Business name] does not endorse, warrant, or assume liability for the content or practices of these third-party sites.
- No Endorsement: The presence of any link or reference to a third-party website, product, or service does not imply an endorsement or recommendation by [Business name].
- No Guarantee of Results: [Business name] does not guarantee any specific results or outcomes based on the use of its products, services, or information provided on this website.
- Copyright and Intellectual Property: All content, including text, images, logos, and graphics, on this website is the property of [Business name] and is protected by applicable copyright and intellectual property laws.
- Changes and Updates: [Business name] may update, modify, or remove any information on this website without prior notice. It is the user’s responsibility to stay informed of any changes.
- Indemnification: By using this website, users agree to indemnify and hold harmless [Business name] from any claims, damages, losses, or liabilities arising from their use of the site.
- Governing Law: This disclaimer shall be governed by and construed in accordance with the laws of [your jurisdiction], and any disputes arising out of or in connection with this disclaimer shall be subject to the exclusive jurisdiction of the courts in [your jurisdiction].
|General Information||The information on this website is for general informational purposes only.|
|No Warranty||[Business name] makes no representation or warranty, express or implied, regarding the content accuracy.|
|Not Financial, Legal, or Medical Advice||The content on this website does not constitute professional advice.|
|Third-Party Links||This website may contain links to third-party websites or content.|
|No Endorsement||[Business name] does not endorse or recommend third-party websites, products, or services.|
|No Guarantee of Results||[Business name] does not guarantee specific results or outcomes.|
|Copyright and Intellectual Property||All content on this website is the property of [Business name].|
|Changes and Updates||[Business name] may update or modify information on this website without prior notice.|
|Indemnification||Users agree to indemnify and hold harmless [Business name] from any claims arising from site use.|
|Governing Law||This disclaimer is governed by the laws of [your jurisdiction].|
Remember to review and customize this template according to your business’s specific needs and consult legal counsel if necessary to ensure it aligns with your operations and protects your interests appropriately.
Do I need a disclaimer?
Most businesses and websites can benefit from a disclaimer. They are especially useful if you include any copyrighted material or share professional advice or personal views.
Where do I put my disclaimer?
For a disclaimer to be legally viable, it must be visible to users. Many businesses put them in their website footer, a separate page, product pages, or in their terms and conditions agreement.
In the world of business, risk is an inherent part of the game. However, as a savvy entrepreneur, you should always strive to minimize unnecessary risks whenever possible. One effective tool at your disposal is the disclaimer statement. These seemingly simple statements can have a profound impact on your legal liability and the protection of your business interests. In this guide, we’ve explored what disclaimer statements are, how to craft them, and the various types that can be employed to safeguard your business.
At its core, a disclaimer is a statement that sets boundaries on a business or individual’s legal responsibility. It can be as straightforward as specifying that a company is not liable for any misuse of its products or services. Alternatively, it might limit an individual’s liability when sharing advice or opinions. Whether required by law or employed as a proactive measure to prevent potential disputes or lawsuits, disclaimers play a crucial role in establishing clarity and reducing legal risks.
Writing a disclaimer need not be a daunting task. It should be clear, concise, and general in nature, explicitly outlining the limits of your professional responsibility or liability. You can opt to create one from scratch, but using a disclaimer generator or template can provide a helpful starting point. By inputting your specific information, you can tailor the statement to suit the unique needs and circumstances of your business.
There are several types of disclaimers, each applicable to various individuals and businesses. When crafting your disclaimer, specificity is key. Rather than sifting through generic templates, you can search for examples that align with your precise needs, such as “trigger warning disclaimer examples,” “email disclaimer examples,” “product disclaimer examples,” or “views expressed disclaimer examples.”
Here are some common types of disclaimers, each designed to address specific aspects of liability:
- Testimonial Disclaimer: This protects businesses from claims of promised results by specifying that the experiences or results shared in testimonials are not guaranteed.
- Affiliate Disclaimer: It informs users that you may earn a commission from sales generated through affiliate links on your website, ensuring transparency in your business practices.
- Trademark Disclaimer: This clarifies that your business is not affiliated with trademarked products or brands mentioned on your platform.
- Copyright Disclaimer: It states that certain elements of your business, such as text or images, are protected by copyright and outlines how others can and cannot use these materials.
- Views Expressed Disclaimer: This is often used when individuals or groups share opinions online, especially in a professional context, to clarify that their views may not represent those of the organization.
- Warranty Disclaimer: It indicates that products, services, or information provided by your business come without a warranty or guarantee.
- Fair Use Disclaimer: This type is employed to comply with U.S. copyright law when using copyrighted material for purposes such as education, criticism, or commentary.
- Errors and Omissions Disclaimer: It limits your liability if users suffer damages due to errors or omissions in your professional advice.
- Past Performance Disclaimer: This ensures that sharing past successes does not constitute a guarantee of future results.
- Legal Disclaimer: It clarifies that content provided on your platform is for general informational purposes and not a substitute for professional advice.
Using a disclaimer template can be a helpful starting point to create a statement that aligns with your business needs. However, it’s crucial to customize it to suit your specific operations and consult with legal counsel if necessary to ensure it adequately protects your interests.
More in: Business Message Examples, Marketing 101, Operational Messages