Questions tagged [disclaimers]

Terms that disclaim (i.e., renounce) liability. See also tag terms-of-service

Canonical answers:

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Do disclaimers need to be capitalized?

Are disclaimers of warranty, liability, and the like legally required to be in all-caps? For example, the "disclaimer of warranty" section from the GNU GPL: THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT…
Mark
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What is the purpose of a disclaimer like "this is not legal advice"?

If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"? For the purposes of this question, I assume legal advice means one party instructing…
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Peanut butter - may contain peanuts

Some products have disclaimers that serve no apparent purpose or which are obviously redundant. For example, a peanut butter jar that lists the ingredients as peanuts, and then provides a warning right under it which says may contain peanuts.* If a…
forest
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In fiction, is it legal to state a newspaper wrote an article when in fact it never did?

I'm writing a novel. I have a line in my book that goes something like this: He looked at the newspaper on the table. The Chicago Tribune featured an article that read, "Hank Reed sentenced to 20 years in prison." The Chicago Tribune is a real…
user237736
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Do warranty disclaimers in software licenses carry any legal weight?

Most open source software licenses contain, in capital letters, the following disclaimer: THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS…
Martijn
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What effect does bad English have on warnings / disclaimers?

I've come across more than one case of ill-phrased 'legalese' and often wondered where the line is with respect to enforcibalilty etc. For example, a McDonalds promotion which disclaimed: "Offer ends October 30 or while supplies last". Does nonsense…
Jim Mack
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What is the purpose of including the statement "All trademarks are property of their respective owners"?

I see this phrase everywhere. Isn't it a pointless statement? Is it not equivalent to "Trademarks are owned by their owners"?
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Do I need a disclaimer on a fake confidential document?

As part of a small project, I mocked up a "confidential" "NSA" document. While it isn't real, friends are saying that it's convincing enough that I should place some text at the bottom saying Please note that this is only a replica, and in no way…
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How prominent must terms of service be?

How easy must it be to find a website's terms of service? I assume that if it's very difficult to find, then users couldn't be reasonably expected to know the terms of service. Are there any guidelines for where the link to the terms of service must…
Jeff Caros
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Why do sex toy companies label their products as Novelty or 'External Use' while clearly marketing them as otherwise?

Many sex toys are sold as novelty or recommended for external usage. Such as this glow in the dark set. Likewise, I recently purchased a Jimmy Jane toy and despite it being for internal use and clearly stating on the back "your g-spot and clitoris…
user2231142
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Do claimless advertisements need to have disclaimers?

My question concerns the requirement for advertisements to carry a disclaimer stating that they are advertisements, specifically in the United States. According to the FTC (though not in these words), an advertisement delivered through a trusted…
John
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Coat checks warning

I got into a debate with a friend about the disclaimer you see on coat checks, parking lot tickets, and other similar "contracts." There is often text printed on the back of the tickets you receive. Something along the line of, "We are not…
Keltari
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Legal status of "no copyright infringement intended"

Occasionally on the internet you see people posting things with the phrase "no copyright infringement intended". (I've seen this most frequently on YouTube videos, but I've also seen it after quotes by some people here on StackExchange.) Is there…
R.M.
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Does it actually do anything legally to state "this is not financial advice" after giving financial advice?

When people talk about investing online they often say "this is not financial advice" after giving financial advice. Sometimes they use it as a twitter bio in an attempt to immunize themselves for all future utterances of financial advice. Does that…
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Does posting a photo of a couple on a website require permission from both people in the photo?

Working on a unique concept website, I am questioning how legal it is and what sort of disclaimer would need to be present in the T&C to remain protected. Basically, a user pays a fee and is allowed to post a message and a picture that will all be…
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