Disclaimers

[Brown and Boris]

I know they have their limitations but I notice that most of my competitors have a disclaimer, basically saying they are not liable for how people use their online products. I was wondering if this is pretty standard and whether it afforded any real protection?

It goes something like;

XXXXXXXXX, Inc. nor any of its clients, employees, nor its affiliated companies, suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) for the use of these products. To the extent permitted by law, in no event shall XXXXXXXXXXXXXX be liable for any direct, special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, tort, or otherwise, arising out of or in connection with the performance of or use of the products available on this site.


I am also trying to make it clear on my site that we are not associated with a product of a similar name (to avoid them suggesting we ae 'passing off'). Any idea on wording? At the moment I am just saying which trademarks we own and the fact that these are uinrelated to any other product or business, so as not to make the customer think there is another prodict.

[edb49]

Most people expect something like this, why not chuck it in? Could at least make them think twice about getting all legal on you if your product causes some loss.

[Brown and Boris]

edb49 said:

Most people expect something like this, why not chuck it in? Could at least make them think twice about getting all legal on you if your product causes some loss.

It does need to hold water, just in case. The competitor using this particular notice is a big one so I am thinking that their legal bos wil have advised on this particualar wording, although it looks prety standard. I am just put it to our company lawyer to agree with. I was trying to avoid paying him to write afresh as he is pretty costly.