When to use a disclaimer
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Disclaimers
Transcript of When to use a disclaimer
Disclaimers
A disclaimer for your website or mobile app (1) is often the best way to address specific points of liability that could fall outside a Terms and Conditions or a Privacy Policy agreement.
(1) Link to https://termsfeed.com/disclaimer/generator/
Disclaimers serve two purposes: To warn To limit liability
A warning sign is likely the earliest and easiest manifestation of a disclaimer.
Why use a disclaimer
Limits responsibility through communication.
Consider websites that are offering alternative health care or medical advice.
iHerb (2) sells vitamin and herbal supplements online. It’s also very careful on how it represents the information on its website.
iHerb adds this disclaimer:
(2) Link to http://www.iherb.com/
iHerb makes it clear that while the products are available for purchase, that does not mean they will always yield the intended benefits.
Here’s another example of a legal disclaimer
Intertek legal disclaimer page (3) explains that it provides the best information possible but will not be held liable if the user does not enjoy the intended results.
(3) Link to http://www.intertek.com/legal/
When to use a disclaimer
There are a few particular situations that require disclaimers more than others:
Websites with medical information and/or advice Websites that give professional/expert advice
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Websites with legal information and/or advice Websites that have an affiliate relationship with endorsed products or services
Medical disclaimer
People will search on Google their symptoms before making a doctor’s appointment. This makes disclaimers regarding the effectiveness of online medical information you provide through a website/app sadly necessary.
The last thing your company needs is to face a lawsuit due to misuse of your information.
Website disclaimer
People rely on professional advice and often do not make the distinction between hiring a professional and reading an expert’s blog.
This is especially true for attorneys.
Lexblog (4) is a service offered by Lexis (5) that gives law firms a platform for their blogs. Each of the blogs on that service includes this disclaimer:
(4) Link to https://www.lexblog.com/
(5) Link to http://www.lexis.com/
Affiliate disclaimer
Affiliate relationships enter a sticky territory, especially if you are paid for reviewing products.
In 2009, the Federal Trade Commission (FTC) in the U.S. passed rules requiring the disclosure payments received for endorsing products. That requires disclaimers if you have a commercial relationship with another entity where you advance their product or service.
