The content of your disclaimer depends on the nature of your business and the liability you want to protect it from.
The following are the most common disclaimer clauses you’re likely to find in a disclaimer.
State that your business does not take responsibility for any inaccuracy in any information shared on your website. This clause is crucial because the information you believed was correct may actually be — or become — false.
This clause ensures that anyone who relies on the information stated on your website and suffers harm due to it cannot hold you liable for their losses or injuries. By including this clause, you place the responsibility on your site users to verify any information they see on your site before relying on it.
If you sell physical products, whether you are the manufacturer or not, warn users that they can’t hold you responsible for any injury they suffer from using your product.
If you are a seller, be sure to include that you’re not responsible for any product warranties or warranty-related claims.
You may also include that the product specifications on your site were provided by the manufacturer. This protects you from any defects or inaccuracies in the product specifications.
It’s common to include the phrase “as is” to let customers know that the product they will receive is exactly as they saw it on your online store. This helps protect you from any misconceptions a customer has about your products.
This clause is important if your business provides a service or an opportunity for your clients to use certain equipment, such as a gym. Your disclaimer should state that using your equipment carries inherent risks, and you won’t be responsible for any injury clients suffer while using your equipment.
A copyright notice informs users that materials shared on your website are protected by copyright law. And so, they can’t use your content in a way that infringes on your copyright without your permission.
If you used other people’s copyrighted content without their consent, acknowledge the use and state that the use of the content is under law.
Explain that you don’t take responsibility for information contained on third-party websites your website links to. If you allow other people’s advertisements on your site, clarify that you don’t endorse any advertisement. You can also include that your site reserves the right to remove any comment you deem offensive, and you’re not liable for any opinion shared.
If your website publishes articles, guest posts, featured pieces, or opinions, state that the thoughts and opinions expressed are those of the authors. Specify that you’re not responsible for any such opinion or thought. Having this clause may protect you from a libel suit.
If you also share your opinions on your site, you should state that the information you share is not a fact but your opinion on different issues.
You can have a clause limiting the amount of money anybody can claim for any injury or loss they sustain from using your site, services, or product. Make sure you state the specific amount in simple terms.
If you use other people’s registered trademarks on your website, a disclaimer statement disavowing your business of any affiliation with them is proper. For instance, if you sell products from different manufacturers on your site, you may have their logos displayed on your website. State that there is no special relationship between you and them (if there is none).
Having a good disclaimer is vital to help protect your business from liability. Follow these tips to create a good disclaimer.
Your business is distinct from other businesses. So, what you need to include in your website disclaimer may differ from what another business needs.
For instance, if you have a website where you share health and fitness tips, and you recommend health and fitness products, you’ll probably need, among others, a medical advice disclaimer informing people that information shared does not amount to medical advice.
You’ll also need an affiliate disclaimer to notify users that you earn a commission if they purchase the recommended products with your link.
In contrast, a website selling health and fitness products may not need to include a medical advice disclaimer or an affiliate disclaimer, but they’ll definitely need a product disclaimer.
If you copy another website’s disclaimer, you will have a disclaimer that doesn’t cater to your needs.
It’s also not advisable to copy the legal disclaimer of a website offering similar services or products as your business because you’re not sure that their disclaimer offers all the protection you need. At most, they can inspire you in creating your legal disclaimer template.
Unless you have a business that caters only to lawyers, most of your website users are normal, average human beings to whom legal jargon won’t make much sense. So, in all cases, avoid legalese and write your disclaimers in simple, everyday words that a person of average intelligence can understand.
You may hire a lawyer to write or review your website disclaimers or advise you on the disclaimers you need to have on your website. However, you should consult with a lawyer with some level of experience in your industry, not just any lawyer. An attorney with industry experience understands your business and knows what liability you most need to protect yourself from.
Disclaimer templates may give you an idea of what you are aiming for, but they are a one-size-fits-all approach, which rarely works. Your business is unique and has particular needs. Therefore, something as important as a disclaimer deserves to be given the appropriate attention.
A disclaimer generator is a better alternative to a disclaimer template. A disclaimer generator helps you create a disclaimer tailored for your business.
Termly’s disclaimer generator can help you create a legal disclaimer for your blog, website, mobile app, Facebook app, Google AdSense, or SaaS business. We designed our tool to be fully customizable. You can choose a style that matches your business’s overall look.
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