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Use of disclaimers on a website

Asked almost 3 years ago - Brookline, MA

I have a website comprised of multiple web pages. I also have a very important disclaimer that I use to limit my liability.

1. Is there any legal benefit to putting the full text of the disclaimer on every page of the website, or is a link enough?
2. If there is no benefit to this, is it recommended that I put an abridged version on each page, linking to the full text on its own separate page?
3. Should the disclaimer be at the top or the bottom of each page?
4. Is it okay if it is a slightly smaller size or a lighter font than the body text of the page?

Most importantly, please refer me to any sources where I may learn more about this topic if you can. I have access to a legal library, and am not intimidated at all by using it.

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Attorney answers (1)

Jeffrey Allan Moss

Reputation Level 8

Answered almost 3 years ago. General Practice Lawyer in San Rafael, CA.

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Your specific state law may vary, and the best way to find it is to Google some key words and look around. The FTC standards for deception usually are applicable depending on the disclaimer (i.e. consumer related, trademark related, free speech related, liability related will have different components). Most website disclaimer law is based on basic disclaimer law; is it clear, visible and prominent. Generally there is no need to have disclaimers on each page. It is enough to have a link, and if there is some interaction with the site it helps to have a dialog box pop up with a notice that use of the site is subject to the disclaimer policy, have a link to that policy and require them to click "I agree" before they can use the interactive site.

Liability waivers differ from state to state, and trademark waivers need to be specific to the TM's mentioned in the website and name the owner of the TM.

I represent some internet companies and website hosts. Often they look to other websites that are similar to their business model to get ideas about placement, content and scope of their disclaimer and privacy policies.

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