Creating a Legal Disclaimer

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Creating a legal disclaimer for a website or product is an important step for any business or organization looking to protect themselves from potential liability. In the modern digital age, where websites, social media and other forms of online communication can expose businesses and organizations to various legal risks, having a clear and unambiguous legal disclaimer is essential.

When drafting any legal disclaimer, it’s essential to consider all potential risks associated with the use of the website or product including copyright infringement, defamation, libel and privacy. Additionally, it’s crucial that any language used in the document is comprehensive and up-to-date in order to ensure enforceability. To further this goal, businesses should review their disclaimers regularly and make sure they’re always visible - either included in their terms of use on their website or printed on product packaging. It’s also important to consider how breaches will be handled when drafting such a document.

Enlisting the help of an experienced lawyer can be invaluable when creating a comprehensive legal disclaimer; someone who can provide trusted advice regarding how best to protect from potential liabilities whilst ensuring that all relevant laws are met. Here at Genie AI we provide extensive guidance for those seeking assistance with forming such documents as well as access to our community template library - completely free of charge - giving you all the tools needed for creating high quality agreements without needing a lawyer.
For more information on how we can help your business create legally binding documents with our free templates today please read on below…

Definitions (feel free to skip)

Product Liability Disclaimer: A statement that limits a company’s legal responsibility for any harm caused by their product.

Warranty: A guarantee from the seller that their product meets certain standards.

Indemnification Clause: A clause that states that one party will provide compensation for losses incurred by another party.

Copyright Disclaimer: A statement that limits a company’s legal responsibility for any use of copyrighted material.

Terms and Conditions: A set of rules that explain how a product or service should be used.

Jurisdiction: The set of legal rules that apply to a certain place or area.

Risks or Liabilities: Potential risks or losses that could occur.

Guarantees or Warranties: Promises that a product or service will meet certain standards.

Scope: The range of a particular document or situation.

Legally Sound: Complying with the applicable laws and regulations.

Necessary Components: Elements that must be included in a legal document.

Third-Party: An independent person or organization not related to the two parties involved.

Clear and Obvious: Easy to understand and visible.

Platform: A medium used to display information.

Revising: Editing or changing a document.

Documenting: Recording and saving information.

Monitoring: Observing and tracking progress.

Corrective Action: Steps taken to fix a problem.

Contents

• Understanding the Purpose of a Legal Disclaimer
• Researching the different types of legal disclaimers
• Deciding which type of legal disclaimer is most appropriate for your needs
• Identifying the Necessary Components of a Legal Disclaimer
• Reviewing relevant laws and regulations
• Noting any specific terms or conditions that must be included in the disclaimer
• Deciding What Type of Legal Disclaimer to Use
• Determining the scope of the disclaimer
• Selecting which type of disclaimer is most appropriate
• Writing the Legal Disclaimer
• Relying on legal expertise to craft the disclaimer
• Ensuring that the disclaimer is legally sound and includes all necessary components
• Testing the Legal Disclaimer
• Utilizing a third-party to review the disclaimer
• Confirming that the disclaimer meets the criteria set out in relevant laws and regulations
• Displaying the Legal Disclaimer
• Deciding how to present the disclaimer in a clear and obvious fashion
• Choosing the best platform for displaying the disclaimer
• Revising the Legal Disclaimer, if Necessary
• Reviewing the disclaimer periodically to ensure accuracy
• Updating the disclaimer as needed to account for changes in relevant laws and regulations
• Making sure the disclaimer is always up-to-date
• Creating a Record of the Legal Disclaimer
• Documenting the disclaimer and its publication date
• Storing the record of the disclaimer in a secure location
• Ensuring Compliance with the Legal Disclaimer
• Monitoring how the disclaimer is used and followed
• Taking corrective action if necessary to ensure the disclaimer is being observed
• Educating Users about the Legal Disclaimer
• Creating materials to inform users of the legal disclaimer
• Making sure users understand their rights and responsibilities under the disclaimer
• Ensuring that users are aware of the legal consequences of not following the disclaimer

Get started

Understanding the Purpose of a Legal Disclaimer

• Familiarize yourself with the purpose of a legal disclaimer
• Understand what types of information should be included in a legal disclaimer
• Consider the specific needs of your business and the laws that might be applicable
• Research existing legal disclaimers to get an idea of the language and structure typically used
• When you feel comfortable with the purpose and structure of legal disclaimers, you can move on to the next step.

Researching the different types of legal disclaimers

• Research existing legal disclaimer templates
• Understand the purpose of each type of disclaimer, such as a copyright or liability disclaimer
• Read up on relevant legal laws and regulations, such as consumer protection laws
• Understand the differences between the various types of disclaimers
• Determine which type of disclaimer is most appropriate for your needs
• Read up on case law and rulings related to disclaimers
• When you feel confident in your understanding of the different types of legal disclaimers, you can move on to the next step.

Deciding which type of legal disclaimer is most appropriate for your needs

• Research the different types of disclaimers, such as warranties, indemnity and limitation of liability, and decide which type best suits your needs
• Consider the purpose of your disclaimer and the risks associated with it
• Consult a lawyer if necessary to ensure your disclaimer is legally binding
• When you are satisfied that you have chosen the most appropriate type of legal disclaimer for your needs, you can move on to the next step.

Identifying the Necessary Components of a Legal Disclaimer

• Research the components of a legal disclaimer that are relevant to your particular circumstances
• Consult with a lawyer to ensure that your legal disclaimer covers all the necessary components
• Make sure to include any applicable limitations of liability or other language that is relevant to your business
• Make a list of all the elements that should be included in your legal disclaimer

Once you have identified all the necessary components, you can move on to the next step - reviewing relevant laws and regulations.

Reviewing relevant laws and regulations

• Research the applicable law and regulations that apply to your business and product/service
• Make sure to look at case law, especially for any evolving legal requirements
• Understand the jurisdiction and the laws that must be followed
• Consult a lawyer for any advice relevant to your product/service and the applicable laws
• Determine the legal obligation of your business and the potential legal implications of the product/service
• When you have a comprehensive understanding of the legal requirements that apply to your business and product/service, you can check this step off your list and move on to noting any specific terms or conditions that must be included in the disclaimer.

Noting any specific terms or conditions that must be included in the disclaimer

• Review the relevant laws and regulations and determine which terms and conditions should be included in the disclaimer
• Consider if the site collects personal data, and if so, whether the disclaimer should include a section on data protection
• Consider if the site offers services or sells products, and if so, whether the disclaimer should include a section on liability
• Make a list of all the necessary terms that should be included in the disclaimer
• Once all the necessary terms have been identified and added to the list, you can move on to the next step.

Deciding What Type of Legal Disclaimer to Use

• Consider your legal needs and the type of disclaimer that will provide the necessary protection
• Research the different types of legal disclaimers, such as liability disclaimers, warranties, indemnity clauses, and more
• Decide which type of disclaimer is most appropriate for your situation and needs
• When you have selected an appropriate type of legal disclaimer, you can check this off your list and move on to the next step.

Determining the scope of the disclaimer

• Determine the scope of your disclaimer by examining the purpose of your website or product and its potential risks
• Consider the types of services, information, or products you are providing, and the ways in which they might cause harm
• Analyze any applicable laws or regulations that may affect your business or website
• Determine which aspects of your business or website need a legal disclaimer
• Consider the geographical area of your business or website and any laws or regulations that may apply to that area
• When you have a clear understanding of the scope of your disclaimer, you can check this off your list and move on to the next step.

Selecting which type of disclaimer is most appropriate

• Research and compare the different types of disclaimers, such as for warranties, copyright/intellectual property, or liability/risk
• Consider which type of disclaimer is most suitable for the purpose of your website/product/service
• Make sure the disclaimer fully covers the scope of the website/product/service
• When you have selected the most appropriate disclaimer, you can move on to the next step of writing the actual disclaimer.

Writing the Legal Disclaimer

• Start by including a statement of the purpose of the disclaimer
• Clearly state which laws will apply to the disclaimer
• Outline the limitations of liability for the organization
• Make sure to include an indemnification clause
• If you are providing services, make sure to include a service disclaimer
• Include a copyright statement
• Make sure the disclaimer is easily accessible to all intended users
• When applicable, be sure to include a choice of law clause

Once you’ve written the legal disclaimer and are satisfied with the content, you can move on to the next step.

Relying on legal expertise to craft the disclaimer

• Consult a lawyer to ensure the disclaimer is legally sound and covers all the necessary components
• Request the lawyer to provide a template or sample that meets the needs of the business
• Ask the lawyer to review the disclaimer and provide feedback
• Make any necessary changes to the disclaimer based on the lawyer’s feedback

Once the lawyer has reviewed the disclaimer and all necessary changes have been made, the step can be checked off the list and the next step can be completed.

Ensuring that the disclaimer is legally sound and includes all necessary components

• Research legal requirements for the disclaimer in your jurisdiction
• Ensure that the language of the disclaimer is clear and easy to understand
• Make sure the disclaimer includes all necessary elements as required by law
• Ask an attorney for help if needed
• Once you are satisfied that the disclaimer is legally sound and includes all necessary components, you can move on to the next step.

Testing the Legal Disclaimer

• Read the legal disclaimer aloud to yourself to make sure it’s clear and concise
• Have a colleague or friend review the disclaimer to see if they understand it and if it’s clear
• Utilize a tool like Grammarly to make sure there are no typos or grammatical errors
• Have a lawyer review the disclaimer to make sure it is legally sound
• Once it has been reviewed by yourself, a colleague, a lawyer, and a grammar tool, you can be confident the disclaimer is ready for use.

Utilizing a third-party to review the disclaimer

• Research potential third-party legal services that specialize in reviewing disclaimers
• Contact the services to compare fees and services offered
• Make sure the service meets the needs of your project
• Make sure the service has experience in the legal field and is licensed to practice in your jurisdiction
• Request samples of disclaimers they have created or edited in the past
• Select the service that best meets your needs and budget
• Provide the service with the initial draft of your disclaimer
• Receive a completed draft from the service and review it against the criteria set out in relevant laws and regulations
• When satisfied, the disclaimer is ready for implementation
• Check this off your list and move on to the next step: Confirming that the disclaimer meets the criteria set out in relevant laws and regulations.

Confirming that the disclaimer meets the criteria set out in relevant laws and regulations

• Research the legal requirements for a disclaimer in the applicable jurisdiction(s)
• Confirm that your disclaimer meets those criteria
• Consult with a lawyer or other professional to ensure the disclaimer is legally compliant
• Confirm the accuracy of any references to laws, regulations, or other legal documents
• Ensure that you have excluded any content that could be considered as legal advice
• When you are confident that the disclaimer meets the criteria set out in relevant laws and regulations, you can check this off your list and move on to the next step.

Displaying the Legal Disclaimer

• Determine where the disclaimer should be displayed, such as a website footer or a terms and conditions page
• Create a text document to store the disclaimer in
• Write the disclaimer in plain language, making sure to cover all relevant topics as required by law
• Format the disclaimer in a way that’s easily readable for users
• Test the disclaimer to make sure it’s displaying correctly in the chosen location
• When the disclaimer is displaying correctly, move on to the next step in the guide.

Deciding how to present the disclaimer in a clear and obvious fashion

• Research on where and how to display legal disclaimers, such as using a popup window, a single page on the website, or in the terms and conditions document
• Consider how to make the disclaimer stand out or be more visible, such as using a specific font size or color
• Ensure that the disclaimer is written in plain language so that it’s easy to understand and not overly legalistic
• Check that the disclaimer is legally compliant and reflects applicable laws in the relevant jurisdiction
• Once you have decided on how to present the disclaimer in a clear and obvious fashion, you can move on to the next step.

Choosing the best platform for displaying the disclaimer

• Determine the best platform for displaying the legal disclaimer. Consider which platform the user is most likely to visit and which platform will be best for displaying the disclaimer in a clear and obvious fashion.
• Consider if it’s best to display the legal disclaimer as a page on your website or as a link in your main menu.
• Consider displaying the legal disclaimer as a link on your website’s footer.
• Ensure that the legal disclaimer is located in a prominent place and is visible and easily accessible to visitors.
• When you’ve determined the best platform for displaying the legal disclaimer, you can move on to the next step.

Revising the Legal Disclaimer, if Necessary

• Review the legal disclaimer to ensure accuracy and make any necessary revisions
• Review the legal disclaimer for any terms or language you need to change or update
• Check with a lawyer or legal professional to make sure the disclaimer is accurate
• Make any necessary changes to the language of the disclaimer
• When you are satisfied that the legal disclaimer is accurate, you can move on to the next step.

Reviewing the disclaimer periodically to ensure accuracy

• Set up a specific schedule for reviewing the legal disclaimer at least once a year
• Make sure to review any changes in relevant laws and regulations that may affect the terms of the disclaimer
• Have someone on the legal team review the disclaimer to make sure it is still accurate and up-to-date
• When you have finished the review, make sure to update any changes in the disclaimer and then move on to the next step
• You’ll know you have completed this step when the legal team has reviewed the disclaimer and any changes have been made.

Updating the disclaimer as needed to account for changes in relevant laws and regulations

• Research legal developments in the relevant jurisdiction to ensure the disclaimer is up-to-date
• Monitor changes in relevant laws and regulations to identify any updates needed
• Make changes to the disclaimer as needed to reflect changes in the law
• Have an attorney review the disclaimer for accuracy
• Check the disclaimer against existing laws and regulations to ensure accuracy
• Publish the updated disclaimer on your website/app/service
• When you are confident the disclaimer is up-to-date, you can move on to the next step

Making sure the disclaimer is always up-to-date

• Set up a reminder to review the legal disclaimer at least once a year
• Use a calendar or task manager to set a reminder for this
• When the reminder pops up, review the disclaimer and make sure all the legal information is still accurate
• If necessary, update the disclaimer with any changes and save the new version
• Check off the task or delete the reminder when you’ve completed the review

Creating a Record of the Legal Disclaimer

• Create a document to store your legal disclaimer, such as a Word document.
• Include the date when the legal disclaimer was created and the date of the most recent update.
• Include the full text of the legal disclaimer in the document.
• Save the document in a secure location.
• Once the document has been created and saved, you can check this step off your list and move on to the next step.

Documenting the disclaimer and its publication date

• Ensure the legal disclaimer is clearly stated in the document
• Include the date the disclaimer was published
• Make a note of the date the disclaimer was published
• Ensure the date is in a format that is easy to read and understand
• Once the legal disclaimer has been documented and the date of publication is noted, the task can be checked off the list and the next step can be completed.

Storing the record of the disclaimer in a secure location

• Save a copy of the legal disclaimer on a secure server or USB drive.
• Ensure that any sensitive information is encrypted if stored on a server.
• Test the security of the server or USB drive regularly.
• Once you have stored the record of the disclaimer in a secure location, you can check this step off your list and move on to the next step.

Ensuring Compliance with the Legal Disclaimer

• Review the disclaimer to make sure it meets all local, state, and federal laws.
• Make sure that the disclaimer is clear and easy to understand for the reader.
• Distribute the disclaimer to all staff, and make sure that everyone understands the disclaimer and agrees to comply with its terms.
• Post the disclaimer prominently on the website or in any other public areas where it can be seen by customers or other visitors.
• Monitor how the disclaimer is used and followed, including how it is presented to customers and the public.
• Keep records of all disclaimers and their usage.

Once you have reviewed the disclaimer to make sure it meets all legal requirements, distributed it to all employees, posted it in public areas, and monitored its usage and followed, you can check this step off your list and move on to the next step.

Monitoring how the disclaimer is used and followed

• Monitor your website, emails, or other communications to ensure the disclaimer is being used and followed.
• Track how users interact with the disclaimer to ensure they are properly understanding and complying with it.
• Check any feedback or customer reviews to see if any issues arise regarding the legal disclaimer.
• Once you’ve monitored the usage of the legal disclaimer for a period of time, you can move on to the next step.

Taking corrective action if necessary to ensure the disclaimer is being observed

• Monitor the use of the disclaimer on your website or product to ensure it is being followed
• Investigate any reported violations of the disclaimer and take corrective action as needed
• Update the disclaimer or terms of service as needed to reflect any changes in the law
• Make sure all users are aware of the disclaimer and its implications
• When you’ve taken all necessary corrective action, checked that the disclaimer is being followed, and updated it as necessary, you can move on to the next step.

Educating Users about the Legal Disclaimer

• Create an informational document that outlines the legal disclaimer and what it means for the users of the website.
• Set up a knowledge base or FAQ page that answers questions related to the legal disclaimer.
• Distribute the legal disclaimer and any related materials via email, social media, and other channels.
• Make sure everyone who is responsible for the website is aware of the legal disclaimer.

Once you have done all of the above, this step is complete and you can move on to the next step.

Creating materials to inform users of the legal disclaimer

• Gather the necessary information for the legal disclaimer
• Draft the language for the disclaimer
• Choose a format for the disclaimer (e.g. website, email, letter, etc.)
• Use clear, concise language to write the disclaimer
• Include any required legal information
• Proofread the disclaimer to ensure accuracy
• When finished, make sure the disclaimer is easily accessible to users
• Once the materials are complete, check this off your list and move on to the next step.

Making sure users understand their rights and responsibilities under the disclaimer

• Ensure that users are aware of the legal consequences of not following the disclaimer
• Outline the rights and responsibilities of users that are included in the disclaimer
• Provide clear examples to help users understand the content of the disclaimer
• Include a clear explanation of what would constitute a breach of the disclaimer
• Allow users to acknowledge they understand the disclaimer and agree to the terms
• Test the acknowledgment process with a sample group to make sure users understand their rights and responsibilities
• Once users have acknowledged the disclaimer, you can move on to the next step.

Ensuring that users are aware of the legal consequences of not following the disclaimer

• Draft a section of the disclaimer which outlines the potential legal consequences of not following the disclaimer
• Research applicable laws and regulations relevant to the disclaimer
• Use clear, concise language to explain the legal consequences
• Make sure that users are aware that failure to follow the disclaimer can result in legal action
• Proofread the disclaimer to ensure accuracy
• When the section of the disclaimer is complete and contains accurate information, you can check this off your list and move on to the next step.

FAQ:

Q: What is the difference between a Legal Disclaimer, Terms of Service and a Privacy Policy?

Asked by Sarah on March 15th 2022.
A: A Legal Disclaimer is a document which informs users of your website or service of any legal liabilities or obligations they have. It is typically used to notify website visitors of your intellectual property rights, and any limitations of liability you may have. A Terms of Service document outlines the rules and regulations of using your website or service, including any acceptable use policies, and how users can access your service. A Privacy Policy is a document which outlines how you collect, store and use the personal data of your users or customers. Generally, a Legal Disclaimer will be used in combination with other legal documents such as Terms of Service and a Privacy Policy to ensure that you are compliant with applicable laws and regulations.

Q: How do I create a Legal Disclaimer tailored to my specific industry sector?

Asked by Rebecca on May 4th 2022.
A: When creating a Legal Disclaimer tailored to your specific industry sector, it is important to understand the applicable laws in the jurisdiction where you are operating, as well as any specific regulations governing your industry. For example, if you are operating a software-as-a-service (SaaS) business, you may need to include provisions regarding software licensing and intellectual property rights in your Legal Disclaimer. It is also important to consider any additional legal requirements for your particular business model, such as rules around data collection and storage for customers who are located in different jurisdictions. Once you have determined what needs to be included in your Legal Disclaimer for your particular sector, it is then important to ensure that the language used is tailored for your users and customers in order to ensure that they understand their rights and obligations.

Q: What are the different types of disclaimers I can include in my Legal Disclaimer?

Asked by Michael on April 5th 2022.
A: There are many different types of disclaimers which can be included in a Legal Disclaimer depending on the particular needs of the business or website. Commonly included disclaimers can include warranties and liabilities disclaimers, intellectual property disclaimers, data collection/privacy disclaimers, and terms of use disclaimers amongst others. Depending on the sector or business model being operated, additional disclaimers may need to be included such as disclaimers related to software licensing or medical advice when operating in certain industries. It is important to ensure that all necessary disclaimers are included in order to protect your business from potential liabilities or disputes related to any losses caused by its services.

Q: Can I create a single Legal Disclaimer for my business which covers multiple countries?

Asked by Matthew on July 11th 2022.
A: While it is possible to create a single Legal Disclaimer which covers multiple countries, it is important to note that each country has its own laws and regulations which you will need to take into account when creating the document. For example, there may be differences between US and EU law regarding data protection or intellectual property rights which would need to be addressed when creating a single Legal Disclaimer for both regions. Additionally, it may be necessary to provide additional information for customers located in certain countries due to local laws or regulations which may not apply in other countries. As such, it is generally recommended that businesses create separate Legal Disclaimers for different jurisdictions when possible in order to ensure full compliance with applicable laws and regulations.

Q: Is it necessary for me to get legal advice when creating my Legal Disclaimer?

Asked by Jessica on August 9th 2022.
A: It is generally recommended that businesses seek legal advice when creating their Legal Disclaimer in order to ensure full compliance with applicable laws and regulations in their jurisdiction. Experienced lawyers will be able to provide tailored advice concerning any specific requirements or regulations applicable to their sector or business model which may not be obvious when researching online resources or guides such as this one. Additionally, they will be able to advise on any potential liabilities which could arise out of using certain wording or language which could potentially lead to disputes down the line if not addressed correctly at the start.

Q: What steps should I take before creating my Legal Disclaimer?

Asked by John on June 17th 2022.
A: Before creating your Legal Disclaimer there are several steps you should take in order to ensure that it covers all relevant areas and provides adequate protection for your business from potential liabilities or disputes related to your services:

1. Research applicable laws in your jurisdiction – This should include researching any relevant local legislation relating specifically to your sector as well as any general consumer protection laws which could apply;
2. Understand the needs of your customers – It is important that all relevant customer rights are taken into account when drafting the document;
3. Consider potential liabilities – Consider any potential liabilities that could arise from offering certain services or products;
4. Get legal advice – If necessary, seek legal advice from an experienced lawyer who can provide tailored advice based on their knowledge of local laws;
5. Review other documents – Review other documents such as Terms of Service, Privacy Policies etc., so that all relevant areas are covered;
6. Test & edit – Once complete it is important that all wording is tested for clarity and accuracy before publishing online;
7. Ensure compliance – Finally ensure full compliance with applicable laws before publishing online so that customers’ rights are fully respected at all times.

Example dispute

Suing a Company for Breach of Legal Disclaimer

• Review the legal disclaimer provided by the company to determine if the company has breached any of the terms.
• Identify any action or activity by the company that could be seen as a violation of the terms of the legal disclaimer.
• Consult with a lawyer who specializes in civil law to determine the legal basis for the lawsuit and assess any potential damages.
• File a complaint with the court which references the legal disclaimer, the actions that were taken by the company which violated the terms, and any potential damages.
• During discovery, the company will be required to produce documents and answer questions under oath.
• Negotiate a settlement or go to trial, where the plaintiff must prove that the company has breached the legal disclaimer and is liable for damages.
• If the plaintiff wins the lawsuit, the court will award damages to the plaintiff in the form of money or other compensation.

Templates available (free to use)

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