- Jul 30, 2020 Disclaimers help companies protect themselves against legal claims by addressing liabilities specific to their operations. Although businesses, websites, and apps in all industries can benefit from the legal protection a disclaimer statement offers, they’re especially useful for platforms that manage.
- A confidentiality disclaimer can protect large companies from the information that their employees send out. After all, adding an automatic disclaimer to every email is a whole lot easier than trying to monitor every single email that's sent on the company server.
- This disclaimer - provided and maintained by easy disclaimer project - can protect your website. Minimize the probability of legal challenges and trials without any charge or risk. We are closing a gap in webbased services and tools supporting the creation of websites. There are many tools such as counters, online-forums or guestbooks on the web.
One of the best ways of getting to grips with the functions and applications of disclaimers is to consult a variety of disclaimer examples. Particularly if you plan on publishing any disclaimers personally, consulting approved disclaimer examples beforehand is the way to go.
A disclaimer is a notice which is placed on your website in an effort to limit your liability for the outcome of the use of your site. Even if you haven't thought much about them previously, you have certainly seen disclaimers all over the web. Nearly every website has one in place, and you should as well.
But what is a disclaimer and where should disclaimers be used? Is it ever advisable to use an automated disclaimer generator, or is it better to learn how to write a disclaimer manually?
While disclaimers exist in a wide variety of forms, their basic purpose is usually the same. Whether it’s an important legal disclaimer or an everyday website/blog disclaimer, its purpose is to deny something and/or deny responsibility for something.
Protecting yourself and your interests from potential legal repercussions means knowing when, where and how to use disclaimers appropriately.
Disclaimer Examples Used Most Often
The exact content and coverage of any given disclaimer will usually be 100% unique. However, the vast majority of disclaimers fall within one of the following categories:
- Affiliate Disclaimer
- Copyright Disclaimer
- Fair Use Disclaimer
- Confidentiality Disclaimer (for Emails)
- Warranty Disclaimer
- No Responsibility Disclaimer (Liability Disclaimer)
- Views Expressed Disclaimer
- Investment Disclaimer
- No Guarantee Disclaimer
- Past Performance Disclaimer
While it’s perfectly possible for there to be a degree of overlap between one or more disclaimer types, it is vital to understand how each type of disclaimer works and which meets your requirements. In addition, ensuring the content of the disclaimer is clear, concise and unambiguous is also essential.
Let’s take a closer look at some of the most common types of disclaimers in a little more detail:
Affiliate Disclaimer
The FTC (and most good affiliate programs) requires that anyone taking part in an affiliate scheme publishes an acceptable affiliate disclaimer. At its core, an affiliate disclaimer is simply used to inform people that you are taking part in an affiliate program and stand to earn money by doing so.
An affiliate disclaimer will typically indicate that while the information and advice provided by the entity in question is predominantly objective, there may be a degree of bias due to their money-making intent.
Here’s an example of a concise affiliate statement from Amazon to illustrate the content you’re looking for:
Copyright Disclaimer
Typically the most concise of all disclaimers, a copyright disclaimer – aka a copyright notice – simply lets others know that the material they are accessing belongs to you. A copyright notice will typically include the name of the author, the year of the copyright, the internationally recognized copyright symbol and an indication of reservation of rights.
All such information will usually be presented in a concise ‘bar’ at the bottom of the page, though must be prominent enough to be visible. Here’s an example of a copyright disclaimer:
Fair Use Disclaimer
Anyone who intends to use the work of someone else without their direct permission may need to include a fair use disclaimer, which can prevent legal action being taken against them.
‘Fair use’ refers to the use, citation or incorporation of another author’s work to an extent that doesn’t contribute copyright infringement of plagiarism. For example, the content may have been used by a third party for commentary purposes, teaching, researching, news reporting and so on.
A common example of ‘fair use’ in practice being a movie review that includes clips from the film, or the use of extracts from a copyrighted book during an English language lesson.
Here’s a fair use disclaimer used by several YouTube Channel:
Confidentiality Disclaimer
Confidentiality disclaimers are usually part of the signature line in an email, which subsequently ensures that it appears in every email communication. These email disclaimers are used to inform the recipient that the content of the email is confidential in nature and must not be shared in full or in part with anyone else.
In addition, email disclaimers can sometimes be used to warn recipients of potential computer viruses and other security risks, thus limiting the liability of the sender in the case of such scenarios.
A typical confidentiality disclaimer used in an e-mail signature line is as follows (from Fasanara Capital):
Warranty Disclaimer
As the name suggests, a warranty disclaimer is effectively the opposite of a conventional warranty. Where issued, a warranty disclaimer informs the receiver of the product or service the provider does not offer any promises or guarantees, typically in relation to quality, dissatisfaction and so on.
However, all sellers and service providers are bound by certain national and international rules regarding minimum quality and safety levels for products and services offered. Therefore, a warranty disclaimer cannot be used to sidestep all responsibility on the part of the seller or service provider.
This is how Amazon words their warranty disclaimer:
No Responsibility Disclaimer
Also referred to as a disclaimer of liability, a no responsibility disclaimer offers protection from potential repercussions in a variety of scenarios. In simple terms, to take a position of ‘no responsibility’ is to accept no liability for the consequences that may occur, due to the use of the information or resources provided on your website (as an example).
This kind of disclaimer is used to inform people that if they take any given action, they take full responsibility for the potential consequences. Most websites feature one or more no responsibility disclaimers, as online information and resources can be interpreted and acted upon in an infinite variety of ways.
Here’s the current no responsibility disclaimer from BCS:
Views Expressed Disclaimer
One of the most important disclaimers for use in forums, blogs and other online and offline publications, a ‘views expressed’ disclaimer distances the author or business from the content published.
The disclaimer informs readers that the content published (which may include guest posts, comments, replies, third-party entries etc.) in no way conveys the thoughts, sentiments or intents of the author, the website or the business. This ensures that in the event any questionable or controversial content is published, the author/website is not held liable for the consequences.
Here’s a simple yet effective example of a views expressed disclaimer:
An investment claimant distances the author from any consequences that may arise due to readers’ use or interpretation of the information they provide.
Specifically, it is used to inform the reader that the author is not a qualifiedfinancial adviser, investment specialist, dealer or broker, and that they cannot and will not guarantee the accuracy or completeness of the information they provide.
As a result, the reader accepts complete liability for the consequences that may arise, due to their use or interpretation of the information published.
A good example of an effective investment disclaimer from SilverBarter:
One of the simpler disclaimers to understand, a ‘no guarantee’ disclaimer simply informs the reader that the author makes no guarantees regarding the outcome of the use of the material, products or resources available.
Again, this means that irrespective of the outcome, the author or website accepts no liability or responsibility for the consequences. It is implied that the information/content is provided simply for reference purposes, rather than viable or valid advice to be followed.
Wikipedia has a simple yet effective no guarantee disclaimer in place, which reads as follows:
Past Performance Disclaimer
Last up, the ‘past performance’ disclaimer is used to advise readers that future results can in no way be attributed to past performance. Hence, irrespective of the strong and successful past performance of any activity or entity, this doesn’t guarantee similar results in the future.
Past performance disclaimers are used to inform readers that in the event that they make decisions based on past performance alone, they accept full responsibility for the outcome. They are warned that such assumptions are neither advisable nor condoned by the author, therefore should be avoided.
Here’s how Maple Leaf Funds issues its past performance disclaimer:
Any public communication made by a political committee—including communications that do not expressly advocate the election or defeat of a clearly identified federal candidate or solicit a contribution—must display a disclaimer. Furthermore, disclaimers must also appear on political committees' internet websites that are available to the general public, and in certain email communications. Political committees must also include additional information on their solicitations.
As explained on this page, in addition to the requirements for public communications, printed communications, radio and television communications (or any broadcast, cable or satellite transmission) may have additional requirements.
Disclaimers must be “clear and conspicuous” regardless of the medium in which the communication is transmitted. A disclaimer is not clear and conspicuous if it is difficult to read or hear, or if its placement is easily overlooked.
Definition of public communication
Public communications include electioneering communications and any other form of general public political advertisement, including communications made using the following media:
- Broadcast, cable or satellite
- Newspaper or magazine
- Outdoor advertising facility
- Mass mailing (more than 500 substantially similar mailings within 30 days)
- Phone bank (more than 500 substantially similar calls within 30 days)
- Communications placed for a fee on another person’s website
The following communications are not considered to be public communications, but still require a disclaimer:
- Electronic mail: More than 500 substantially similar communications sent by a political committee
- Websites of political committees that are available to the general public
Disclaimers for authorized committees
If the candidate or candidate’s campaign authorizes and finances a communication (including any solicitation) requiring a disclaimer, the notice must state that the communication was paid for by the authorized committee. Additional requirements apply for print, television and radio ads, as explained on this page in the sections specific to those types of advertisements.
Disclaimer Template
EXAMPLE:
“Paid for by the Sam Jones for Congress Committee.”
“Paid for by the Sam Jones for Congress Committee.”
Disclaimers for PACs, party committees and other groups or individuals
Authorized but not financed by campaign committee
If a covered communication, including any solicitation, is authorized by the candidate or campaign but paid for by a political action committee, a party committee or another person, the communication must identify the person who paid for it and state that it was authorized by the candidate or campaign. Additional requirements apply for print, television and radio ads, as explained on this page.
EXAMPLE:
“Paid for by the XYZ Committee and authorized by the Sam Jones for Congress Committee.”
“Paid for by the XYZ Committee and authorized by the Sam Jones for Congress Committee.”
Not authorized or financed by campaign
Communications paid for by an individual, a group, a political committee, a corporation, or a labor organization, but not authorized by a candidate or a candidate’s campaign, must contain a disclaimer notice identifying who paid for the communication and indicating whether any candidate or candidate’s committee authorized the communication. A disclaimer notice must contain the full name of the individual, group, political committee, corporation, or labor organization that paid for the communication, along with any abbreviated name it uses to identify itself. The disclaimer notice must also provide the payor’s permanent street address, telephone number, or website address and must further state that the communication was not authorized by any candidate or candidate’s committee.
EXAMPLE:
“Paid for by the Fishermen’s Union PAC (www.fishunion.org) and not authorized by any candidate or candidate’s committee.”
“Paid for by the Fishermen’s Union PAC (www.fishunion.org) and not authorized by any candidate or candidate’s committee.”
Disclaimer Definition
Additional requirements apply for print, television and radio ads, as explained on this page.
Party committee coordinated communications on behalf of candidate
A party committee that pays for a party coordinated communication must identify the party committee as the payor in the disclaimer. Prior to the date the party’s candidate is nominated, it is sufficient for the disclaimer to state who has paid for the communication. Subsequent to the nomination, the disclaimer must state that it was paid for by the party committee and authorized by the candidate and comply with the other applicable requirements listed on this page.
Exempt party activity
On an exempt activity communication, such as bumper stickers, pins, buttons and pens, the disclaimer notice must identify the committee that paid for the message, but need not state whether the communication is authorized by a candidate.
Special rules for printed communications
In printed communications, the disclaimer must be contained within a printed box set apart from the contents of the communication. The font size of the disclaimer must be of sufficient size to be “clearly readable” by the recipient of the communication, and the print must have a reasonable degree of color contrast between the background and the printed statement. Black text in 12-point font on a white background is one way to satisfy this requirement for printed material measuring no more than 24 inches x 36 inches.
Multiple-page document
A disclaimer need not appear on the front page or cover of a multiple-page document, as long as the disclaimer appears within the communication.
Package of materials
Each communication that would require a disclaimer if distributed separately must still display the disclaimer when included in a package of materials. For example, if a campaign poster is mailed with a solicitation for contributions, a separate disclaimer must appear on the solicitation and the poster.
Safe harbor for printed communications
The regulations contain a safe harbor that establishes a fixed, twelve-point type size as a sufficient size for disclaimer text in newspapers, magazines, flyers, signs and other printed communications that are no larger than the common poster size of 24 inches x 36 inches.
Disclaimers for larger communications will be judged on a case-by-case basis.
The regulations additionally provide two safe harbor examples that would comply with the color-contrast requirement:
- The disclaimer is printed in black text on a white background, or
- The degree of contrast between the background color and the disclaimer text color is at least as great as the degree of contrast between the background color and the color of the largest text in the communication.
Special rules for television and radio ads: the “stand by your ad” provision
Both authorized and unauthorized television communications must contain a “clearly readable” written statement that appears at the end of the communication, for a period of at least four seconds with a reasonable degree of color contrast between the background and the disclaimer statement. The written statement must occupy at least four percent of the vertical picture height.
Authorized by candidate’s committee
In addition to the requirements already noted, radio and television communications (or any broadcast, cable or satellite transmission) that are authorized or paid for by a campaign require additional language. For such ads, the candidate must deliver an audio statement identifying themself and stating that the candidate has approved of the communication. For example, “I am [candidate’s name], a candidate for [federal office sought], and I approved this advertisement.”
In a television ad, the disclaimer must be conveyed by:
Disclaimer Trust
- A full-screen view of the candidate making the statement; or
- A voiceover by the candidate with an image of the candidate occupying no less than 80 percent of the vertical screen height.
Not authorized by candidate’s committee
A radio or television communication that is not authorized by a candidate or the candidate’s authorized committee (or their agents), must include an audio statement from a representative of the political committee, corporation, labor organization, individual or group paying for the communication that “XXX is responsible for the content of this advertising,” where “XXX” is the name of the political committee, corporation, labor organization, individual or group who paid for the communication. This is in addition to the statements identifying who paid for the communication and that it is not authorized by any candidate or candidate’s committee.
Additional information
Additional information is required for political committee fundraising solicitations. The requirements vary depending on the type of committee.
An authorization notice does not have to comply with state or local disclaimer law if the communication is made only with respect to federal candidates and elections. However, state or local laws governing the placement or location of signs on roads, without respect to identifying the sponsor of an advertisement, are not superseded by federal law.
Rates charged by newspapers and magazines for campaign advertising must be comparable to those charged for noncampaign advertisements. Rates charged for radio and television advertisements are regulated by the Federal Communications Commission.
When a disclaimer isn’t required
A disclaimer is not required when:
- It cannot be conveniently printed (for example, pens, bumper stickers, campaign pins, campaign buttons and similar small items);
- Its display is not practicable (for example, wearing apparel, water towers and skywriting); or
- The item is of minimal value, does not contain a political message and is used for administrative purposes (for example, checks and receipts).