Disclaimers

The Purpose of the Disclaimer For
The Product Owner or Service Provider

The basic purpose for the use of disclaimers is to legally protect you, the website owner or product developer, from the possibility of negative results one gets when relying on the use of the service,  product, advice, method, or information you promote and provide.

The primary reason for the disclaimer is to remove one’s actions from incurring liability due to uncertain or risky results obtained by those relying on the commodity you present.

The terms, action, and commodity can mean the offering of a product, service, advice, method, or information that another intends to use.

The Function of A Disclaimer

The disclaimer functions as part of the performance of your duty of care when encouraging another to use what you are offering. It is intended to be a reasonable standard of care that cannot possibly account for all types of uncertainty and measures of risk.

Your duty of care is to not mislead, deceive, or in any manner intend to harm another. Basically, when exercising this standard, you also intend to have the client waive their rights to a lawsuit against you; they are to hold you harmless for any results produced by the use of whatever you are offering.

Different Types of Disclaimers

The disclaimer is written with regard to the results one expects from the use of the product, service, method, or information. Therefore, there are different types of disclaimers. You can create disclaimers for the use of your website, your product, service, advice, methods, information, and for any earnings anticipated by the use of these.

Generally, these types of disclaimers protect against the customer from suing you because they did not get exceptional, above average, or even the intended results they anticipated.

Within the disclaimer is the condition of a waiver of the rights of those relying on what you offer. The rights waived basically involve civil lawsuits for damages should anything go wrong when utilizing whatever is offered.

Ultimately, this reduces to a “use at your own risk” statement. The provider of the item disclaims liability should anything go wrong; and, states that they will not be held responsible for the results you obtain.

 Industry Standards

Product disclaimers typically involve industry standards regarding liability and need to be constructed with such knowledge. When purchasing legal forms and seeking legal advice, be sure that the disclaimer is one you understand, and is one that protects you from lawsuits.

The general construction of the disclaimer involves:
  • The statement that whatever is presented is intended for informational purposes only or the correct use of the item

  • You are not responsible for the accuracy, dependability, reliability, etc. of the information (or commodity) which is also subject to change

  • The information is not to be construed as being that of a lawyer, accountant, or other business services professional; and, does not serve as a replacement for when the services of business professionals is deemed necessary

  • You are not responsible for the client’s use of the commodity

  • You disclaim any endorsement made by others for the commodity basically stating that such endorsement belongs to another and does not necessarily represent your opinion

  • You disclaim responsibility for the opinions of others along with links to their websites and commodities

  • You state that you are not responsible for the client’s use of what you know, present, and offer

  • The user of whatever is offered is to hold you harmless for any results obtained