You should also base your disclaimers on relevant content. For example, if you promote an Amazon product in a blog post through the Amazon Affiliates program, you will need to add an Amazon Affiliates disclaimer to that blog post. If you`re ready to download and customize a disclaimer, check out our disclaimer template. A «past performance» disclaimer informs individuals that past performance is no guarantee of future results. Note: Courts generally view disclaimers with disapproval and have a number of conceptual tools at their disposal to limit the impact of waivers. You should not rely on documents intended to exclude or limit liability, with the exception of legal advice. Even if you seek legal advice, the advice you receive may be severely limited. Here`s how the National Institutes of Health (NIH) manages how NIH or U.S. government employees should use warnings.
Product warnings usually provide information about the correct use of the product in question. Also, manufacturers usually add user manuals and information in the packaging of products when they sell them, but that doesn`t mean people won`t abuse them. Topics covered in the disclaimer include distinguishing between legal information and advice, and when to get help from a lawyer. As with all disclaimers, the applicability of the terms of the document may be questioned. When you draft a disclaimer, the information, products or services you provide will determine your disclaimer format and the topics you need to cover. Here`s a screenshot of this disclaimer from Stockpedia: In this situation, a disclaimer will let readers know that the author is speaking only for herself, not for the company or as an official representative of the company. Companies have a disclaimer for all sorts of things, usually to limit legal liability and protect the company that created the disclaimer from legal claims and lawsuits. A disclaimer is an official statement that protects your business from legal liability. The «use at your own risk» disclaimer means that you cannot be held legally responsible for sharing your method if it doesn`t work for someone. These statements may be used to offset your company`s liability to your client in problematic or ambiguous jurisdictions or in cases where disclaimers are required by law. Whenever you share information with people who actively use or follow it, you must add the «use at your own risk» disclaimer so that your business cannot be held liable. Tom is a former General Counsel of public and private companies.
He has extensive experience in mergers and acquisitions, commercial transactions, joint ventures, finance, securities law and corporate law in a wide range of industries, including construction, consumer products, e-commerce, energy and healthcare. As a lawyer who has worked at two of the top 50 international law firms, he can offer «grand droit» services at a competitive price. Before becoming a lawyer, Tom served as an officer in the U.S. Army and rose to the rank of captain. He served in Iraq, where he led a reconnaissance platoon and was awarded the Bronze Star Medal. For example, if you run a legal blog, a disclaimer will tell users that your content should not be considered legal advice, and your site will not be held responsible for any legal action taken by the reader. No matter how professional your services are, you shouldn`t be responsible for how your users respond to them. Investment warnings are just one example of how you can protect your specific business interests. Maple Leaf Funds begins the disclaimer with the standard «Past performance is no guarantee of future results».
You are not required by law to add this disclaimer, but it is useful for preventing frivolous complaints or legal actions. However, it does not protect you from warranty claims. If you offer a product – digital or physical – you need a separate warranty disclaimer to protect against product-related claims. A standard disclaimer text like this can help address the HIPAA list of precautions via email. For example, affiliate disclaimers are required by the FTC and many third parties. Disclaimers such as «opinions expressed» and «errors and omissions» are not required, but they will help limit your legal liability. Another common use of a disclaimer for «opinions expressed» is by people endorsing or criticizing a product manufactured or involved in a company they work for. A disclaimer does not exclude any implied or specific/statutory warranty. Fox News` disclaimer is a good example of how a news website can benefit from the discussion sparked by user-generated content, while distancing itself from the opinions expressed. Ebay`s disclaimers can be accessed via a link on the main page of the site, but sellers` disclaimers can also be found under the photos and product descriptions of the auctioned items. If you publish any type of informational content, a standard disclaimer without warranty allows you to be a source of industry knowledge without any obligation to your users.
The Information Commissioner`s Office (ICO), which enforces global data protection laws such as the General Data Protection Regulation (GDPR) in the UK, also has a disclaimer on its website: such an investment exclusion also explains that past performance is not an indicator of future results. Warnings offer protection against certain types of legal claims and legal liability, but they are not a silver bullet. So you should always make sure that you offer the best products and services and the most accurate and complete information.