disclaimers legal?

Discussion in 'Legal Issues' started by sky22, May 4, 2007.

  1. #1
    Hello,

    I was talking to someone and they told me disclaimers are not legal. Is that true?

    Thanks :)
     
    sky22, May 4, 2007 IP
  2. ottodo

    ottodo Guest

    Messages:
    2,055
    Likes Received:
    70
    Best Answers:
    0
    Trophy Points:
    0
    #2
    hmm,

    it is as far as you disclaim on something that you know/have/do
     
    ottodo, May 4, 2007 IP
  3. sky22

    sky22 Guest

    Messages:
    59
    Likes Received:
    6
    Best Answers:
    0
    Trophy Points:
    0
    #3
    :confused:

    So if I have a disclaimer saying if something goes wrong as a result of downloading one of the free programs I wrote on my site that wouldn't be legal?

    Thanks :D
     
    sky22, May 4, 2007 IP
  4. Nonny

    Nonny Notable Member

    Messages:
    2,093
    Likes Received:
    120
    Best Answers:
    0
    Trophy Points:
    210
    #4
    Well, the law depends on where you and your customers are located, for one.

    I've never heard that a disclaimer is "not legal" - just look at all the major websites that have disclaimers in the terms of service, for example.

    What your friend may have meant is that a disclaimer does not necessarily shield you from liability. You can't necessarily just say "it's not my fault if it doesn't work" and be free from responsibility, depending on the law your site falls under. If you want a disclaimer that will actually hold up in court, I suggest you pay an attorney to write you one.
     
    Nonny, May 4, 2007 IP
  5. allout

    allout Prominent Member

    Messages:
    5,000
    Likes Received:
    461
    Best Answers:
    2
    Trophy Points:
    340
    #5
    This would be fine if you have a place where they can agree to the disclaimer. If they download a free program that contains something that destroys their hard drive and they did not agree to hold you harmless then they can sue you but it is unlikely they will.

    If you are worried just have them check that they agree to the disclaimer before they download.
     
    allout, May 4, 2007 IP
  6. sky22

    sky22 Guest

    Messages:
    59
    Likes Received:
    6
    Best Answers:
    0
    Trophy Points:
    0
    #6
    OK great thanks so much for your replys :D
     
    sky22, May 4, 2007 IP