By including a trademark disclaimer, you will be making it clear to your website visitors that you are referring to a registered trademark that is not yours, which could help protect you against a trademark infringement complaint.
Confidentiality disclaimers often appear in the footer of an email, after the signature block. They are used by most companies that exchange sensitive or confidential information over email with the goal of limiting their liability should the email end up in the wrong hands.
Here is a very detailed email disclaimer used by Sevocomm , a global telecommunication company,. Confidentiality disclaimers can be general or more specific, depending on the nature of your business. Past performance disclaimers are notably used by financial institutions, investment firms, and trading platforms to warn potential and current clients that past performance does not guarantee any future results: this is due to the volatile nature of the financial markets.
It serves to protect them from lawsuits brought on by disappointed clients that were expecting a good return on investment or specific results. Zero commission stock-trading platform Robinhood includes this text in their website footer:. This past performance disclaimer addresses the risk inherent to investing in securities and encourages investors to think about their objectives before getting started. Having raving customer reviews and testimonials on your website or social media profiles can be a great way to attract new business however, you must ensure that you have the proper disclaimer.
IdealShape is a company that sells meal replacement shakes, bars, and supplements that promote weight loss; it uses testimonials and success stories on its websites to promote its products.
Here is its testimonial disclaimer:. A testimonial disclaimer is essential if you want to comply with applicable laws. It also underlines that you are not making any guarantees other than what is expressly provided for. Kayako is a customer service and help desk software provider. Here is the disclaimer of warranties that is part of their terms and conditions:. Your no warranty disclaimer should be hard to miss for your users, as they have to be made aware that such a clause exists before choosing to do business with you or use your software or website.
A disclaimer is an important piece of the puzzle when you are assembling a website. Will a good disclaimer completely protect you against any possible legal action? Disclaimers help companies protect themselves against legal claims by addressing liabilities specific to their operations. A copyright disclaimer protects original content against user theft. It explains that you own your website and everything on it — and that there are legal repercussions for using your work without permission.
Copyright examples include any creative work that comes in a tangible form. As soon as a work is created and becomes reproducible, copyright protection automatically applies.
A detailed copyright disclaimer is therefore not legally required, but acts as a strong deterrent against copyright infringement. It shows that you are aware of the law and will defend your claim. However, notifying users of your copyright as soon as they access your site is also important. It should comprise three parts:. By proving that users were made aware of your copyright as soon as they access your site, you will have a stronger case if a dispute goes to court.
It states that the NFL owns all the content provided through its services, and that users have no license to copy, modify, or distribute it. Use a copyright disclaimer to establish ownership of original content , and prevent users from benefiting commercially from your hard work. If your site or app uses content from other sources, you need to include a fair use disclaimer to prevent your business from being accused of copyright infringement.
Under the principle of fair use , copyrighted works can be used in certain circumstances without the permission of the copyright owner. According to Section of the Copyright Act :.
You can defend your use of original content with similar disclaimer language, based on the category of fair use you are using copyrighted work under, and any applicable licences. To present its fair use guidelines , YouTube includes a link to a copyright resource in its site footer:. In these guidelines, YouTube includes a copyright and fair use disclaimer explaining that it receives a lot of takedown requests under copyright law, and that it strives to protect creators.
Confidentiality disclaimers explain that some content is only intended to be seen by a certain audience — for example, private information in an email. Digital communication offers more opportunities for confidential information to be exposed or intercepted. A confidentiality disclaimer states who the message is for, why the recipient should not forward it to others, and who they should contact if they receive the message by mistake.
Email hosting company Zoho offers a sample confidentiality disclaimer, which can be included in an email signature:. This message contains confidential information and is intended only for the individual named. Having a website disclaimer could provide you with the legal backing you need to make a strong defense against a lawsuit and protect your online services or products. Even if it does not prevent someone from bringing an action against you, it limits your liability.
Though a website disclaimer can be placed in several locations on your site, you should have a separate web page to display your disclaimer statement. You may have seen some websites combining their disclaimers within their terms and conditions since site visitors agree to these by default when they browse your website. While this approach may be acceptable, it is not necessarily advisable.
The location of disclaimers must be prominent and easily accessible. The idea of having a separate policy page for your disclaimer is to make things easier by ensuring visitors and users see and understand your website disclaimer.
You should include a hyperlink to the disclaimer page within your menu or homepage footer. When the use of a disclaimer is of high importance, you can create a pop-up to display your website disclaimer to site visitors requesting their consent before continuing to use your site. Disclaimers are common defense measures that companies use to protect themselves against legal claims. If you need one for your website or online business, use our free disclaimer templates, or create your own with our fast and easy disclaimer generator.
Expand the component to view our basic website disclaimer template, or click the button below to download our library of disclaimer templates in Microsoft Word and PDF formats. Using the template is simple — just copy and paste the sample disclaimer text into the HTML of your site. Our disclaimer templates are designed to offer legal protection for websites in the US and Canada, as well as those globally — from the UK, all the way to Australia and South Africa. A disclaimer is an official statement that protects your business from legal liability.
Your disclaimer policy functions as a warning sign when users visit your blog or site. It notifies readers that your advice, products, or services may harm them, and that you cannot be held responsible.
Some types of disclaimers also discourage users from stealing your website content, and protect your intellectual property. For example, a copyright disclaimer discloses your ownership of certain content or materials. A disclaimer can be included in several places on your site.
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