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How does a disclaimer protect a business?

If you offer professional services or sell goods and services over the Internet, you need a disclaimer. This is a document that defines the scope of your responsibility and authority in the event of a dispute.

The disclaimer can be part of your terms of use or a separate document on your site. Your disclaimer must be somewhere visible and easily accessible to site visitors.

Why is the Disclaimer important?

When users visit your site, you enter into a contract with them. The document "Terms of Use" (Terms of Use) is an agreement between the business and the user, which defines the rights and obligations of the parties. If a customer suffers loss or property damage as a result of purchasing your products or simply using your website, they may sue if you do not take steps to limit your liability.

So what is a disclaimer, and who needs one?

A disclaimer is a formal notice on your website that defines the boundaries of the area to which your liability applies and beyond which you disclaim liability.

This document protects you from unwanted lawsuits.

This especially applies to medical and legal advice, third-party content, express warranties, etc.

"Disclaimer" may:

• Help you avoid legal disputes and claims against your company.

• Limit the number of users who can sue.

• Monitor client or user expectations.

• Emphasize trust in your company, as your behavior in relation to the user will be honest and transparent.

Not all companies need a disclaimer, but there is a whole list of industries where it is necessary. These are health care, pharmaceuticals, jurisprudence, marketing, and finance. It can be said that the higher the risk of your services, the more you need a "disclaimer" document.

 

Is a Disclaimer a legal document?

So. This document tells the user where your legal obligations begin and end. To ensure that your disclaimers are an official document, make sure that this notice:

1. Visible on your site

2. Definitely

3. Fair

The content of the Disclaimer depends on the business.

For example, let's take legal and financial advice. Lawyers and financial advisors often blog or write articles for users, but their advice in this case cannot replace a full consultation regarding the specific situation of a particular user.

All disclaimers should note that the content is provided for informational purposes only.

Medical services are another area where a disclaimer is required. People often turn to the Internet to check their symptoms before visiting a doctor, dentist, or other health care provider. The problem is that professionals in the field need to make it clear that while they can talk about online conditions in general terms, they cannot make a diagnosis.

If your website contains links to other websites or services, make it clear that you are not responsible for what happens if users click on those links. Explain that you cannot control the content or functionality of other websites.

If you're selling something designed to help people make money, you need to tell the user that you don't make any guarantees of income.

Tell people that:

• The strategy won't work for everyone

• Many factors affect how successful a user will be

• Any predictions you make in promotional materials are opinion and not fact.

Many products and services cannot provide guaranteed results.

"No Results Guaranteed" reminds users that you do not promise a successful result if they use your products or follow your advice. This point is especially important for those who offer:

• Marketing consultations

• Cosmetic products

• Skin care or health tips

• Nutritional supplements

• Other professional services

Without such disclaimers, you leave your business vulnerable to criticism if customers don't get the results they expect.

Please note that you may limit liability only to the extent permitted by applicable law. If you have any questions about the legal documents on the site, please contact Avitar.

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Contact us:

business@avitar.legal

Authors:

Violetta Loseva

,

Serhii Floreskul

,

6.7.2024 19:24
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