A disclaimer is a crucial statement that protects business and website owners from liability and is not to be confused with terms and conditions. If you’re starting a website or business, you need to know about disclaimers and why you might need one.
Do you have a disclaimer for your website?
Keep reading to learn about website disclaimers, if you need one, and advice to help you write a disclaimer. This information could help you to reduce your legal vulnerabilities and ensure compliance.
What Is a Disclaimer?
A disclaimer is a document designed to protect a business or website owner from liability should a user wish to hold you responsible for issues with your website content.
Statistics say that 36% of small businesses get sued yearly, and you need to minimize your risk. Disclaimers cannot protect you entirely from any legal action taken against you. However, having an added layer of protection with a disclaimer can help you to cover your bases.
Some of the aspects of your business you could cover in your disclaimer include:
- Content accuracy – your disclaimer may state that there is no guarantee for the accuracy of the information on your site.
- Third parties – your disclaimer can protect you if the information on your site causes any harm or damage to a third party.
- Copyright and trademark protection – this ensures that your content belongs to you and cannot be replicated.
- Virus transmission – protects your business should a site user get a virus while using your website.
- Liability for products sold – outlines your protection against liability for products sold on your site should they cause damage.
- Customizable protections – these can be added at your discretion.
It would help if you took precautions to ensure your website content does not mislead or cause harm to site users, as the disclaimer cannot absolve you from all responsibility. In the modern age, internet misinformation is a cause for concern, which is why disclaimers are becoming increasingly important.
When Is a Disclaimer Necessary?
Anyone using a website for their business can benefit from a disclaimer. Those running personal blogs might also consider investing in a disclaimer. You could be held liable for any information you spread on your website should it cause harm to a website user. Covering yourself from this responsibility adds a layer of protection to your online activity -within reason.
How to Write a Disclaimer
To write a disclaimer, you need to know what to include. Below, you’ll find the key components frequently included in a website disclaimer. As you read these components, consider any additional and unique aspects of your business that might require a disclaimer.
1. Accuracy of content
Although most businesses refrain from spreading misinformation to their customers and site users, there is no guarantee that your website will not post inaccurate information at some stage. So, you need to include a disclaimer that excuses you from responsibility should the data on your site be false.
2. Physical liability
In addition to investing in product liability insurance, you can use your disclaimer to protect you from claims made about your products. In your physical liability disclaimer, you will mention that you are not responsible for injuries caused by misuse of your products. This disclaimer will go a long way in protecting you from claims about your products.
3. Content ownership
A disclaimer about content ownership allows you to ward off any internet users that may attempt to steal your content. Plagiarism is a significant worry for businesses on the internet, and your disclaimer can help you to discourage plagiarism by outlining the consequences.
4. Third-party responsibility
Many businesses incorporate third-party advertisements or third-party tools into their website. The third-party responsibility disclaimer states that you should not be held responsible for any damage or inaccuracy caused by third-party content.
Is There Anything to Avoid When Writing Your Disclaimer?
When writing your disclaimer, it’s important to note that you shouldn’t reuse a disclaimer from someone else’s website. Your disclaimer needs to cover your business and specific aspects of your business. So that you don’t miss anything in your disclaimer, it’s helpful to look at disclaimer templates for similar sites offering similar products or services.
Seeing what is in their disclaimers can inform you of what to include in yours. To ensure your disclaimer covers all necessary components, you can also enlist the services of a legal professional who can help you write your disclaimer.
Is A Disclaimer The Same As Terms And Conditions?
Understanding the difference between a disclaimer and terms and conditions is essential. A disclaimer protects you from a legal standpoint. For instance, if you provide food prep tips that cause food poisoning, your disclaimer will help protect you from being held liable for this result.
Your terms and conditions, however, are there to protect your content. The terms and conditions state that the content on your website belongs to you and cannot be replicated or duplicated by another entity.
Summary
A disclaimer can protect your business from legal vulnerability should your site spread misinformation or information that leads to harm. Your disclaimer components will be unique to your business, and you would benefit from reaching out to a lawyer to assist you. A disclaimer should not be confused with terms and conditions; you should include both on your site.
