Disclaimers have a long legal history. They generally have two purposes:
To warn
To limit liability
A warning sign is likely the earliest and easiest manifestation of a disclaimer.
“No trespassing” alerts passing individuals that they are near a private land boundary and also excuses the landowner of some liability if people visit uninvited.
Sometimes, the warning and limitation of liability are based on statutory law. For example, the state of Washington in the United States has a law that prevents people injured at equestrian facilities from pursuing legal damages.
Any business that boards, trains or allows the riding of horses has to have a specific sign to enjoy this protection from liability. This sign acts as a disclaimer much like a “No trespassing” sign in that it informs and specifies limits on facility responsibilities:
Disclaimer on Equestrian location
Another area where you would find disclaimers is books.
Publishing consultant, Alicia Dunams, offers samples of disclaimers appropriate for different types of material.
For example, if a book addresses alternative medicine or other treatments not officially approved by regulatory agencies, she recommends this disclaimer or something like it:
Sample of disclaimer for books by Alicia Dunams
Storey Publishing places a general disclaimer in most of its works. A book by Allan Hamilton, M.D. titled Zen Mind, Zen Horse: The Science and Spirituality of Working with Horses, contains this disclaimer because Dr. Hamilton is a neurosurgeon and the book offers horse training advice along with explanations of equine neurology:
Example of disclaimer in book by Storey Publishing
Use the Disclaimer Generator to create a disclaimer.
Download the Disclaimer template by clicking here. It’s free.
Placing a disclaimer on websites and apps has the same purpose as those employed before the Internet. While the warning element remains, the primary concern is about limiting responsibility for a user’s’ mistakes.
A common area where disclaimers arise is websites offering alternative health care or medical advice.
Logo of iHerb
iHerb sells vitamin and herbal supplements online. It’s also very careful on how it represents its information and adds this disclaimer:
iHerb disclaimer on healthcare advice
The detail in this medical disclaimer from iHerb is understandable. Supplement companies can make big claims and yet, these have to be discerned thoroughly. iHerb makes it clear that while the products are available for purchase, that does not mean they will always yield the intended benefits.
Logo of Wikipedia
Wikipedia also proceeds cautiously because the site explains many medical topics. It offers multiple disclaimer pages, including this one regarding medical information:
Example of medical disclaimer from Wikipedia
Medical topics are not the only area where Wikipedia prefers to limit its liability. It also offers a general legal disclaimer page regarding law topics:
Example of legal topics disclaimer from Wikipedia
There is another one regarding possibly offensive material:
Example of offensive material disclaimer from Wikipedia
Wikipedia also warns against the risk of following some of the advice on its website, explaining that the information can be misleading, dangerous, addictive or illegal:
Example of Use at your own risk disclaimer from Wikipedia
There’s also a general disclaimer page where Wikipedia makes it clear that the Wikipedia website accepts content from multiple writers and there’s no guarantee that it is correct:
Example of no guarantee disclaimer from Wikipedia
Of course, you may not be as extensive in your needs as Wikipedia. You may want to take the approach of Intertek, a consulting company.
Logo of Intertek
Its legal disclaimer page explains that it provides the best information possible but will not be held liable if the user does not enjoy the intended results.
Intertek’s disclaimer page is titled “Legal Disclaimer” but is really a catch-all of liability:
Screenshot of Legal Disclaimer page from Intertek
These are examples of disclaimers that are presented as separate documents. Sometimes, disclaimers are included in the Terms and Conditions agreements of a website or mobile app.
Disclaimers in T&C and Privacy Policy
Many businesses developers skip on disclaimers believing the topics are covered in the Terms and Conditions and Privacy Policy agreements of their websites or apps.
In some cases, this is true. Both agreements contain disclaimer language that can act as protection against liability.
The Terms and Conditions act as a set of rules for using the online service and the Privacy Policy explains how you handle personal data.
There can be standards of behavior for users in the Terms and Conditions and limits to the personal data collected in the Privacy Policy. As long as conduct proceeds as addressed in these agreements, you are protected.
However, there are differences which make disclaimers essential.
If there’s a specific risk involved with the use or misuse of your service, a disclaimer addresses that much better.
Sometimes, it’s better to be safe by outlining these risks directly and making the disclaimer easy to locate. Burying content in a Terms and Conditions or Privacy Policy may not serve as enough warning to your users.
Even then, there are businesses developers that dabble in higher risk transactions but do not have a disclaimer. Instead, they opt to include disclaimers in other legal agreements.
To warn
To limit liability
A warning sign is likely the earliest and easiest manifestation of a disclaimer.
“No trespassing” alerts passing individuals that they are near a private land boundary and also excuses the landowner of some liability if people visit uninvited.
Sometimes, the warning and limitation of liability are based on statutory law. For example, the state of Washington in the United States has a law that prevents people injured at equestrian facilities from pursuing legal damages.
Any business that boards, trains or allows the riding of horses has to have a specific sign to enjoy this protection from liability. This sign acts as a disclaimer much like a “No trespassing” sign in that it informs and specifies limits on facility responsibilities:
Disclaimer on Equestrian location
Another area where you would find disclaimers is books.
Publishing consultant, Alicia Dunams, offers samples of disclaimers appropriate for different types of material.
For example, if a book addresses alternative medicine or other treatments not officially approved by regulatory agencies, she recommends this disclaimer or something like it:
Sample of disclaimer for books by Alicia Dunams
Storey Publishing places a general disclaimer in most of its works. A book by Allan Hamilton, M.D. titled Zen Mind, Zen Horse: The Science and Spirituality of Working with Horses, contains this disclaimer because Dr. Hamilton is a neurosurgeon and the book offers horse training advice along with explanations of equine neurology:
Example of disclaimer in book by Storey Publishing
Use the Disclaimer Generator to create a disclaimer.
Download the Disclaimer template by clicking here. It’s free.
Placing a disclaimer on websites and apps has the same purpose as those employed before the Internet. While the warning element remains, the primary concern is about limiting responsibility for a user’s’ mistakes.
A common area where disclaimers arise is websites offering alternative health care or medical advice.
Logo of iHerb
iHerb sells vitamin and herbal supplements online. It’s also very careful on how it represents its information and adds this disclaimer:
iHerb disclaimer on healthcare advice
The detail in this medical disclaimer from iHerb is understandable. Supplement companies can make big claims and yet, these have to be discerned thoroughly. iHerb makes it clear that while the products are available for purchase, that does not mean they will always yield the intended benefits.
Logo of Wikipedia
Wikipedia also proceeds cautiously because the site explains many medical topics. It offers multiple disclaimer pages, including this one regarding medical information:
Example of medical disclaimer from Wikipedia
Medical topics are not the only area where Wikipedia prefers to limit its liability. It also offers a general legal disclaimer page regarding law topics:
Example of legal topics disclaimer from Wikipedia
There is another one regarding possibly offensive material:
Example of offensive material disclaimer from Wikipedia
Wikipedia also warns against the risk of following some of the advice on its website, explaining that the information can be misleading, dangerous, addictive or illegal:
Example of Use at your own risk disclaimer from Wikipedia
There’s also a general disclaimer page where Wikipedia makes it clear that the Wikipedia website accepts content from multiple writers and there’s no guarantee that it is correct:
Example of no guarantee disclaimer from Wikipedia
Of course, you may not be as extensive in your needs as Wikipedia. You may want to take the approach of Intertek, a consulting company.
Logo of Intertek
Its legal disclaimer page explains that it provides the best information possible but will not be held liable if the user does not enjoy the intended results.
Intertek’s disclaimer page is titled “Legal Disclaimer” but is really a catch-all of liability:
Screenshot of Legal Disclaimer page from Intertek
These are examples of disclaimers that are presented as separate documents. Sometimes, disclaimers are included in the Terms and Conditions agreements of a website or mobile app.
Disclaimers in T&C and Privacy Policy
Many businesses developers skip on disclaimers believing the topics are covered in the Terms and Conditions and Privacy Policy agreements of their websites or apps.
In some cases, this is true. Both agreements contain disclaimer language that can act as protection against liability.
The Terms and Conditions act as a set of rules for using the online service and the Privacy Policy explains how you handle personal data.
There can be standards of behavior for users in the Terms and Conditions and limits to the personal data collected in the Privacy Policy. As long as conduct proceeds as addressed in these agreements, you are protected.
However, there are differences which make disclaimers essential.
If there’s a specific risk involved with the use or misuse of your service, a disclaimer addresses that much better.
Sometimes, it’s better to be safe by outlining these risks directly and making the disclaimer easy to locate. Burying content in a Terms and Conditions or Privacy Policy may not serve as enough warning to your users.
Even then, there are businesses developers that dabble in higher risk transactions but do not have a disclaimer. Instead, they opt to include disclaimers in other legal agreements.
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