Not responsible for errors or omissions

not responsible for errors or omissions

Errors and Omissions. Any inadvertent delay, omission or error shall not be held to relieve either party hereto from any liability which would attach to it. "Errors and omissions excepted" (E&OE) is a phrase used in an attempt to reduce legal liability for potentially incorrect or incomplete information supplied. Those who share professional advice online may be vulnerable to errors and omissions lawsuits. These are especially common with things like.

And: Not responsible for errors or omissions

Canon error code e007
Not responsible for errors or omissions
403 ERROR - FORBIDDEN FORBIDDEN
Vray cinema 4d application error
Http error code 301

Not responsible for errors or omissions - remarkable

Disclaimer statement

The statements below apply to any content such as pages, documents, videos, images, sound files and computer code (the 'Material') created by the NSW Department of Industry ('the department') for its websites.

NSW Department of Industry disclaims, to the extent permitted by law, all warranties, representations or endorsements, express or implied, with regard to the material including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

NSW Department of Industry further does not warrant or accept any liability in relation to the quality, operability or accuracy of the material.

The material is made available on the understanding that NSW Department of Industry, the State of New South Wales and its employees and agents will have no liability (including but not limited to liability by reason of negligence) to the users of the website for any loss, damage, cost or expense whether direct, indirect consequential or special, incurred by, or arising by reason of, any person using or relying on the material and whether caused by reason of any error, omission or misrepresentation in the material or otherwise. Users of the website will be responsible for making their own assessment of the material and should verify all relevant representations, statements and information with their own professional advisers.

Furthermore, whilst the material is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact upon the accuracy of the material. The material may change without notice and NSW Department of Industry, the State of New South Wales is not in any way liable for the accuracy of any information printed and stored by a user. Changes are periodically added to the Material and the department may make improvements and/or changes in the material and/or the website at anytime.

NSW Department of Industry takes no responsibility for the accuracy, currency, reliability and correctness of any information included in the material provided by third parties nor for the accuracy, currency, reliability and correctness of links or references to information sources (including Internet sites) outside of the department.

Links to other websites

In addition to the material, the website provides links to and from other Internet sites. These external information sources are outside the control of the department and it is therefore the responsibility of the Internet users to make their own decisions about the accuracy, reliability and correctness of information found on those external Internet links.

NSW Department of Industry:

  • does not represent that the material appearing on linked sites is complete, accurate or up-to-date;
  • does not necessarily endorse that material;
  • does not accept responsibility or liability for any loss, damage, cost or expense that you might incur as a result of using or relying on that material;
  • does not guarantee that any of the linked sites will be available at any particular time.

The search engines provided on this website are to assist Internet users to locate resources more quickly. However, the department takes no responsibility for the accuracy, currency, reliability and correctness of its search facilities, and does not warrant or represent that the search facilities are free from errors or omission, or that they are exhaustive.

The internet is not a secure medium and communications to and from the website may be intercepted or altered in transit. The department does not warrant or represent that this website or any linked sites, are free from anything which may damage any computer used to access the site.

Copyright

NSW Department of Industry encourages the availability, dissemination and exchange of public information. Read more about copyright and when you need to obtain permission to republish information produced by the department.

Page link: https://www.industry.nsw.gov.au/disclaimer

Disclaimer

1. General

This General Terms and Conditions (hereinafter the "GTC") govern the legal relationship (hereinafter the "Agreement") between you (hereinafter the "User") and AO Foundation, Clavadelerstrasse 8, 7270 Davos, Switzerland (hereinafter "the AO", together the "Parties") concerning the websites www.aofoundation.org, www.aotrauma.org, www.aospine.org, www.aocmf.org, www.aovet.org, www.aorecon.org, www.myao.app, surgeryreference.aofoundation.org (hereinafter the "Sites").

By using the Application and its Services, the Sites, or upon clicking of the acceptance icon indicated on the Sites, the User confirms to have read these GTC and agrees to be bound by these GTC.

These GTC are available on the Sites. The User has the possibility to download a PDF file of these GTC which can be printed out and saved at any time. 

2. No advice

The Sites are not designed for laypersons. The products, procedures, therapies, etc, described on the Sites are only to be applied in environments specially designed and by medical professionals specially certified and trained for such procedures.

The information provided on the Sites is for educational and research purposes only and does not give professional advice or recommend particular products, procedures or therapies, etc. The information contained in the Sites is not intended to present the only or necessarily the best products, procedures, or therapies, etc. 

No suggested test or procedure should be carried out unless, in the User's professional judgment, its risk is justified. Whoever applies products, procedures and therapies, etc, shown or described on the Sites does so at her/his own risk and is responsible for their compliance with all local laws, regulations, and medical practice applicable. Because of rapid advances in the medical sciences, the AO recommends that independent verification of diagnosis, therapies, drugs, dosages, and operation methods should be made before any action is taken.
All information contained in the Sites is only intended for preparing medical procedures and not as an aid while carrying out medical procedures.

Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users of the Sites should always consult their physician or other qualified health-care professional.

3. License to Services

Subject to your compliance with these Terms, we grant you a nonexclusive and nontransferable license upon and limited to necessity to download and install one (1) copy of the Application to your mobile device, and to access and use the Services, solely for your own personal use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Application or the Services; (iv) make the functionality of the Application or the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

4. Third-Party Materials and agreements

You may be able to access, review, display or use third-party services, resources, content or information (“Third-Party Materials”) via the Services. By using the Application to find material on the internet, you instruct the AO to present portions of the selected data sources. You acknowledge sole responsibility for and assume all risk arising from your access to, use of, or reliance upon any such Third-Party Materials, and the AO disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third-Party Materials or user content via the Application. You acknowledge and agree that the AO: (a) is not responsible for the availability or accuracy of such Third-Party Materials or the products or services on or available from such Third-Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third-Party Materials; and (c) does not make any promises to remove Third-Party Materials from being accessed through the Services. Your ability to access or link to Third-Party Materials or third-party services does not imply any endorsement by the AO of Third-Party Materials or any such third-party services. These Terms of Use do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third-Party Materials excpt as expressly permitted by the Application as authorized by the AO, and the owners of such Third-Party Materials may have the right to seek damages against you for any unauthorized use of their Third-Party Materials.

5. No warranty

The Sites and the Services connected therewith are provided on an “as is,” “with all faults,” and “as available” basis and the entire risk as to satisfactory quality, performance, accuracy and efforts is with the User. The AO does not make any representations or warranties, express of implied, under the agreement. Any and all representations and warranties of the AO under or in connection with the agreement are excluded to the extent legally possible, including but not limited to representations of warranties:

  • Of merchantability, fitness for a particular purpose, workmanlike effort, error free access to the sites or use thereof;

  • Regarding any data and/or information provided or made available by the AO or a User on the sites or on any external websites linked to the sites including but not limited to information being of satisfactory quality, adequacy, accuracy, timeliness, completeness, compliance with local laws as well as the regulations and medical practice thereof; and

  • Of uninterrupted or error-free access or use of the sites.

The Sites do not, and in no way constitute or imply the endorsement, recommendation, or appropriate of an advice. The AO does not screen nor in any other way examine the information uploaded by its users on the Sites but simply provides the platform.

Any graphic or pictorial materials appearing on the sites are digitized reproductions which, though viewable, are not of diagnostic quality and are not designed nor intended to become a permanent part of any patient’s medical record.

The User represents and warrants that (i) the User has all necessary power and authorization to accept the GTC; (ii) these GTC are legal, valid, binding and enforceable against the user; (iii) the User’s acceptance of these GTC will not violate any law, rule, regulation or order, or any agreement, binding the User; (iv) and the User will observe all applicable laws and provisions of these GTC.

6. No liability

TO THE FULL EXTENT PERMISSIBLE BY LAW, THE AO DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, FINANCIAL LOSS, DAMAGES FOR LOSS IN BUSINESS PROJECTS, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE SITES OR ANY MATERIAL APPEARING ON THE SITES, OR FROM ANY ACTION OR DECISION TAKEN AS A RESULT OF USING THE SITES OR ANY SUCH MATERIAL OR ANY OTHER ACT OR OMISSION IN CONNECTION WITH THE SITES.

7. Membership and fees

The conditions for memberships, the applicable fees and the payment conditions are set forth on the Site. The respective provisions shall be integral part of this agreement.

The AO or the respective AO specialty is entitled to terminate the membership of the User, if any, with immediate effect for reasonable cause. In such a case, the AO shall not be obliged to refund any monies paid to the AO or an AO specialty by the User.

If the User does not accept the termination, she or he has to inform the AO within 20 days of the termination of the AO or the respective AO specialty in writing. In such a case, the AO Foundation Board (AOFB) shall decide about the effectiveness of the termination within reasonable time. The decision of the AOFB shall be final and binding.

The usage of the Sites by the AO and the Services of the AO under the agreement connected therewith by the AO are free of charge, unless otherwise indicated on the Sites.

The AO reserves the right to charge for the usage of parts of the Sites and the Services under the agreement at any time subject to a respective modification of the agreement according to Article 14 below.

8. Intellectual property rights

Unless otherwise stated in this agreement, any and all intellectual property rights (including, but not limited to copyrights) in all data, information and material uploaded by the User (hereinafter the "User Material") is—subject to Article 7 below—owned by User.

Prints or download extracts from the data, information or material of the Sites (hereinafter the "AO Material") as well as any other reproduction thereof are permitted for educational and research purposes or personal use only. None of the AO Material may be used for any commercial purpose by the User. Particularly, the User may not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise exploit or make available to any third party the AO Material in any way.

No AO Material may be reproduced, stored in or transmitted on any other websites (including intranet sites) by the User nor is the User permitted to create any derivative works based on AO Material without written permission of the AO. 

Some names, instruments, treatments, logos, designs, etc, referred to on the Sites are protected by patents, trademarks, or other intellectual property rights even though specific reference to this fact is not made on the Sites. Therefore, the appearance of a name, instrument, etc, without designation as proprietary is not to be construed as a representation by the AO that it is in the public domain.

9. User data license

In the course of visiting the Sites, the User may upload User Material. As between the Parties, the User shall remain the sole owner of all User Material, provided however that the User hereby grants to the AO a worldwide, eternal, unlimited, non-revocable, and non-redeemable license to use, copy, distribute, display, disclose, and perform such User Material or parts of the User Material, to create derivative works thereof, and to sublicense such rights for any and all purposes. The User shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all User Material, and the AO shall not be responsible or liable for the deletion, accuracy, correction, disclosure, destruction, damage, loss or failure to store any User Material. For the avoidance of any doubt, the license granted by the User to the AO shall remain valid even if this agreement is terminated for whatever reason.

Any User Material shall be depersonalized by the User before submitted to the AO (ie, the User must ensure that User Material does not qualify as personal data in the sense of Art. 3 let. a of the Swiss Act on Data Protection when submitted to the AO). The User acknowledges that he/she has the sole responsibility that any and all User Material is fully depersonalized.

The User Material has to comply with all relevant laws and regulations as well as ethical and medical standards and may not (i) have an illegal, harmful, or harassing content or invade another's privacy, (ii) infringe rights of a third party, including any intellectual property rights, or (iii) contain viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

If the AO exploits the User Material, it will name the respective User to the extent reasonably possible. The AO is, however, not obliged to pay to the User a royalty or other financial compensation for such exploitation.

10. Data protection

The AO shall comply with all applicable legal provisions regarding data protection. In particular, the AO shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on the use of the Users' personal data by the AO are set forth in the Data Protection Policy of the AO which is accessible on the website of the AO.

11. Advertising material

Advertisers, if any, are responsible for ensuring that the User Material submitted for inclusion on the Sites complies with all relevant laws and regulations as well as ethical and medical standards. The AO will not take responsibility for any error, omission or inaccuracy in advertising material. Appearance on the Sites does not constitute a guarantee or endorsement of the quality or value of a product or of the allegations made by the manufacturers.

12. Infringement and indemnification

If the User does not comply with these GTC, AO has the right to prevent the User from visiting the Sites and using the Services connected therewith, and AO reserves the right to any legal action the AO thinks is appropriate.

If, based on a written agreement between the User and the AO, the User is entitled to provide access the Sites to third persons, the User represents that all such third persons using the Sites are contractually bound by these terms, conditions and disclaimers as well.

The User agrees to indemnify, defend and hold harmless the AO, to the fullest extent permitted by law, against any cause of action, all liabilities, losses, costs or expenses (including reasonable fees and expenses of legal counsel) with respect to any claim by third parties arising out of the User's failure to perform its obligations under the agreement.

13. No right to visit the Sites and modification of the Sites

Unless expressly stated in this or another written agreement between the Parties, the AO has no legal duty to the User, and may at any time and without giving grounds prevent the User from visiting the Sites and using the Services connected therewith.

The AO is entitled without prior notice to the User in its free discretion

  • To shut down the Sites temporarily or permanently at any time
  • To remove any and all content on the Sites 
  • To modify the Sites and the Services connected therewith

14. Termination of the agreement

Each Party may terminate this agreement with immediate effect by email at any time.

Upon termination of the agreement, the User shall not have access to the Site anymore without restriction. The user data license according to Article 7 above shall under no circumstances be terminated due to the termination of this agreement.

15. Force majeure

No Party shall be liable to the other if performance of any of its obligations hereunder is prevented, hindered, or delayed by the occurrence of circumstances beyond its control, which circumstances shall include, but shall not be limited to, any act of God, act of any government or other statutory undertaking, industrial dispute beyond the area of control of such Party, fire, explosion, accident and power failure, always provided (i) they constitute a force majeure event (ie, are beyond the control of the Party invoking it, and (ii) they are not the result of the failure of such Party to perform any of its obligations under the agreement.

Following the occurrence of any such event the Party thereby affected shall notify the other Party in due time of such occurrence and such Party shall use its reasonable endeavors to overcome or to minimize the adverse effects thereof.

Performance of the affected and related obligations shall be postponed for a period equal to the time lost by reason of the delay. If as a result of force majeure a Party is rendered definitely unable to perform, or if the period of force majeure has lasted longer than three months or as soon as it is reasonably clear that it will last longer than three months, the other Party may, with immediate effect, terminate the agreement in writing.

16. Modification of the agreement

The AO reserves the right to modify the agreement at any time, without giving reasons. If the User does not object to the applicability of the revised agreement within 20 days after receipt of said notice, the modified agreement shall be deemed to be accepted by the User. If the User does not agree to any change in the GTC, the agreement shall be terminated automatically.

17. Payment rules

For international payments, the recipient and the payer each bear the costs charged by their own bank (fee regulation SHA).

The recipient of the payment accepts that the payer is not able to control the correct processing of the payment instructions.

The recipient of the payment further accepts that the payer is not obliged to bear any costs charged by the bank of the recipient, even if these costs might reduce the amount of the payment credited to the account of the recipient.

18. Evaluation criteria and selection for AO events

If no other evaluation criteria are expressly defined and stated, evaluation is done in general first come, first serve. This means that the applicants are considered according to the sequence their registration and payments arrived in the AO.

No correspondence concerning the evaluation criteria and the selection will be hold and legal action is ruled out.

19. Recording at AO events

The AO reserves the right to film, photograph and audio record during its events. Participants must understand that in this context they may appear in these recorded materials. The AO assumes participants agree that these recorded materials may be used for the AO’s marketing and other purposes, and that they may be made available to the public.

20. Miscellaneous

The User shall not assign any rights and obligations under this agreement without the AO's prior written consent.

The agreement constitutes the entire agreement between the Parties with respect to the subject matter of the Agreement. 

Failure or neglect by the AO to enforce any of the provisions of this agreement shall not be construed or deemed to be a waiver of the AO's rights nor shall this affect the validity of the whole or any part of this agreement, nor prejudice the AO's rights to take subsequent action. 

The Parties are and remain independent parties. It is not the Parties’ intent to create and this agreement does not create the formation of a partnership, joint venture or similar relationship between the Parties.

Should any provision of this agreement be invalid or unenforceable, the remaining provisions shall be valid. In the place of an invalid provision, a valid provision is presumed to be agreed upon by the Parties, which comes economically closest to the one actually agreed upon.

This agreement is solely governed by substantive Swiss law, regardless of where the person visiting one or several Sites resides or where this person made his submission, posting, transaction or connection with one or several Sites.

All disputes arising out of this agreement or in connection with this agreement shall be solely and finally settled by a court of arbitration consisting of one arbitrator in accordance with the Swiss Rules of International Arbitration of the Swiss Chamber of Commerce. The place of arbitration shall be Zurich. The court of arbitration shall conduct the proceedings and all awards shall be rendered in the English language.

10 Disclaimer Examples

Owning a business comes with risk, but you want to limit unnecessary risk wherever possible. A disclaimer is a simple statement that may dramatically impact your legal liability. Including one on your website footer, products, or client agreements can go a long way toward protecting your business. Here’s a guide to these statements.



What is a Disclaimer Statement?

A disclaimer is a statement that specifies or places limits on a business or individual’s legal liability. For example, a company’s disclaimer statement may state that they cannot be held responsible if their products or services are used without following instructions in the owner’s manual. They can also be used to limit an individual’s liability when sharing tips or opinions. Some disclaimers are required by law, while others are just a good idea to prevent lawsuits or disputes. You can also create a funny email disclaimer if you don’t want to take yourself seriously.

How do I Write a Disclaimer?

Disclaimers should be clear, concise, and general. So they should be easy to write. Just specify the limits of your professional responsibility or liability. You can also use a disclaimer generator tool or template to start. Then input your specific information to make it applicable to your business.

Types of Disclaimer

There are several types of disclaimers that are applicable to various individuals and businesses. When crafting your own, it helps to be specific in your searches. For example, search “trigger warning disclaimer examples,” “email disclaimer examples,” “product disclaimer examples,” or “views expressed disclaimer examples” instead of browsing through tons of generic templates.

Here are some of the most common types of disclaimers:

  • Responsibility disclaimer
  • Fair use disclaimer
  • Past performance disclaimer
  • Copyright disclaimer
  • Warranty disclaimer
  • Risk disclaimer
  • Medical disclaimer
  • Errors or omissions disclaimer

10 Disclaimer Statement Examples

The type of disclaimer you include on your website or other materials depends on your business and the type of liability you want to avoid. Here are some types of common disclaimers.

1. Testimonial Disclaimer

A testimonial disclaimer specifies that the experiences or results shared in a testimonial are not guaranteed. A disclaimer protects the business from unhappy clients who may believe they were promised certain results.

image: financialmentor
This disclaimer page from FinancialMentor.com outlines how testimonials are collected. And it specifies that the stories only express the views and experiences of each writer. So their stories may not be the norm.

2. Affiliate Disclaimer

An affiliate disclaimer lets anyone using your website know that you may share links from affiliate companies. A disclaimer lets customers know that you earn a commission from these sales, allowing them to make informed buying decisions.

image: smartpassiveincome
This example comes from Smart Passive Income. The founder outlines what companies he has this relationship with and specifies why he works with those brands.

3. Trademark Disclaimer

Including trademarked product or brand names on your website or marketing materials may be misleading. A trademark disclaimer specifies that you are not affiliated with these other brands.

image: deimelguitarworks
This example comes from a guitar dealer that offers products from popular brands. It specifies the relationship and protects them from being accused of mis-associating any copyrighted work.

4. Copyright Disclaimer

A copyright disclaimer states that certain elements of a business, website, or other materials are protected by copyright. This may include things like photos or text within a website or app. It may also lay out how others can and cannot use these materials.

Copyright Disclaimer

image: picscheme
This example comes from a pharmaceutical inspection company. This is actually just one section of their disclaimer page. But it lays out exactly what is protected on their site and other materials.

5. Views Expressed Disclaimer

A views expressed disclaimer is often used when an individual or group shares opinions within a forum associated with a business. Many organizations require or encourage employees to use these disclaimers when sharing views online.

image: wto
This example comes from a publication released by the World Trade Organization. The authors shared views that may not represent those of all members. So it protects the organization and allows them to keep a professional relationship with other members.

6. Warranty Disclaimer

Warranty disclaimers state that a product or service, or any information provided by a company, is not protected by warranty.

image: fraserhealth
This healthcare company includes a disclaimer that states its website and other materials are provided as-is. So the information contained does not promise compensation or supplementary materials if certain results are not achieved.

7. Fair Use Disclaimer

U.S. law allows some copyrighted material to be used without permission if it is for education, criticism, or commentary. This type of disclaimer states your use of this material and specifies that you don’t have direct permission from the copyright owner.

image: criticalmediaproject
This site includes commentary about various media. So the disclaimer protects them from claiming direct copyright over the material they share.

8. Errors and Omissions Disclaimer

Those who share professional advice online may be vulnerable to errors and omissions lawsuits. These are especially common with things like legal advice or investment advice. These disclaimer types limit your liability if someone suffers damages due to your guidance.

image: maloneynovotny
This law firm example states they don’t guarantee results based on information included in their website.

9. Past Performance Disclaimer

If you share successes on your website, some could construe that as a guarantee. This disclaimer of liability states that you cannot guarantee those results.

image: etf
This investing firm includes a disclaimer to protect them from lawsuits stating they promised any future results.

10. Legal Disclaimer

Sharing legal advice online can open you up to lawsuits. This disclaimer states that your content is for general informational purposes so you cannot be held responsible.

image: americanbar
This is part of a standard example from the American Bar Association.

Disclaimer Template

Every disclaimer type should include specific information related to the business. But a template can help you get started. Here’s a general outline you can fill in.

The information on this website is for general informational purposes only. [Business name] makes no representation or warranty, express or implied. Your use of the site is solely at your own risk. This sitee may contain links to third party content, which we do not warrant, endorse, or assume liability for.

Do I need a disclaimer?

Most businesses and websites can benefit from a disclaimer. They are especially useful if you include any copyrighted material or share professional advice or personal views.

Where do I put my disclaimer?

For a disclaimer to be legally viable, it must be visible to users. Many businesses put them in their website footer, a separate page, product pages, or in their terms and conditions agreement.

Image: Depositphotos


More in: Marketing 101

Introduction to Iscar Ltd. Web Site

Welcome to Iscar Ltd. Web Site (the "Site"). We appreciate your interest in Iscar’s products and services.

This site is made available to you subject to the following Terms of Use which if accepted by you will constitute a legally binding agreement between you and Iscar Ltd. In these Terms of Use, "Iscar" means Iscar Ltd., its subsidiaries, affiliates, holding companies, and any other legal entity anywhere in the world, that is held by, or is held under common control with, or is the holder of Iscar, whether in whole or in part.

You may use this site provided that you accept any and all of the provisions listed below. We may amend, update or otherwise change, at any time and without prior notice, any or all of the Terms of Use, the conditions and/or the provisions included in this site. Please check the contents of these Terms of Use periodically for changes. Your continued use of this site, or of any part thereof following the posting of any changes to the Terms of Use, constitutes acceptance of those Terms of Use and of any subsequent changes. Each such amendment shall become automatically valid and enforceable at the time when first displayed by us on the Site.

Save in the case of conflict of laws, these Terms of Use shall take precedence over the Terms and Conditions of Sale. If you are bound by a separate and independent valid written agreement with Iscar, none of these Terms of Use shall invalidate any of the provisions of such an agreement.

No change, amendment, cancellation, supplement or deviation from these Terms of Use may be made by virtue of conduct of the parties. These terms of Use shall not be otherwise amended or changed except with the prior written consent of Iscar Ltd.

If you do not agree with all terms and conditions hereof, please exit the Site without making any use of it.

Description of Service and Use of the Site

Our site provides its users with easy access to information about our products, for the purposes of ordering any of our products that are listed on the Site from time to time, to acquire updated information regarding our offerings and services, and also to provide information and training regarding the world of metal cutting tools, all subject to the Terms of Use and the conditions stated above and hereinbelow (hereinafter: the "Services").

Copyrights, Trademarks and Proprietary Rights

The information contained and/or referred to in these pages, including but not limited to all patents, trademarks, registered trademarks, copyright, logos, trade names, drawings, pictures, videos, designs, names, materials, contents, programming, databases of information, resources, links, descriptions of Internet resources and any other documents or details from which any proprietary and/or intellectual property right may emanate, is the sole and absolute property of Iscar.

Unless otherwise specifically stated and authorized in writing by us, no part of any such information may be duplicated, copied, reproduced, distributed, shared, used to create derivative works, amended or otherwise used for any purpose, wholly or partially, without the prior written consent of Iscar. Any and all rights to use such information is limited to personal use in connection with the Services, and no commercial use or exploitation of such information is permitted. Without derogating from the generality of the stated above, none of Iscar's names, patents and trademarks, whether registered or not, may be used without the prior written consent of Iscar and in no event shall any of these be used in any way or manner which may be misleading and/or which may cause and/or which may lead to, any confusion.

Under no circumstances is any license, permission, right or interest of any nature granted to anyone using this site, nor does any purchase of any product, or consumption of any service from us, imply that you are in any way entitled to such rights.

Violation of any of these provisions is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators may be subject to legal proceedings, to the maximum extent permitted by law.

This notice refers to any page/s that are or that may be included in, and/or linked with the Iscar Web site, irrespective of whether such pages are marked with Copyright © notice, Trademark notice™, or registered trademark notice ®. The receipt of this HTML page, or any other page in which a link to this page exists, shall be considered as acceptance of these conditions without any reservations.

Hyperlinks

Our site may provide links to other websites or resources. Since we cannot be responsible for such other sites and as we have no control over any of these other sites, including but not limited to their contents, you hereby acknowledge and agree that Iscar is not, and will not be held responsible for such other sites, including without limitation their availability, contents, the type of services they offer, the advertising and/or products contained therein, and their form. You also acknowledge and agree that we are not, and will not be held liable or responsible, directly or indirectly, for any damage and/or loss, whether pecuniary or not, caused or alleged to be caused by or in connection with use of, or reliance on, any such contents, goods or services available on or through any such other site/s or resource/s.

You further acknowledge that Iscar is not and will not be held liable or responsible for the accuracy, the legality, the decency, the copyright, the compliance, the availability of any materials included in or referred to in these other sites, or any other aspect of the content of such other sites. The inclusion of such links does not imply endorsement of the site by Iscar or any association with the operators of such site and resources.

Without derogating from the generality of the stated above, you specifically undertake and agree not to create any direct or indirect links to our site without obtaining our previous written consent.

Accuracy and Access

All information including without limitation data, figures, specification and names contained in this site is constantly reviewed and modified by us in accordance with our latest developments and recent publications. However, although we carefully and constantly review the accuracy of these pages, we can NOT assure, under any circumstances, the accuracy, the availability and the access to any Service and/or any part of any information contained or listed in our site and/or in any of its pages. We assume no responsibility or liability for omissions or errors that may appear, and we cannot assure the availability of the Service at any given time. We cannot guarantee that each and every specification contained in the information in our site at any time is or will be accurate, precise, correct, or complete, nor can we assure strict reliance on the information contained in this Site. As your use of this Site is at your own risk, you are fully encouraged to use all possible means and precautions to overcome any of the above factors.

Security

Unfortunately, no data-transmission over the Internet is guaranteed to be 100% secure. We cannot assure or guarantee the security and protection of information sent by you over the Internet, and any information you transmit to us is at your own risk. Nonetheless, any information we may receive from you will be maintained and used by us in accordance with our Privacy Statement, and in a manner that protects and safeguards your privacy.

If you feel more secure you may always contact Iscar's local authorized distributor rather than sending any of your information over the Internet.

DISCLAIMER / LIMITATION OF LIABILITY

ALTHOUGH WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION IN OUR SITE AND TO ENABLE SMOOTH AND SAFE OPERATION OF THIS SITE, WE DO NOT GUARANTEE, NOR DO WE MAKE ANY PRESENTATIONS OR REPRESENTATIONS WHATSOEVER AS TO THIS SITE WITH RESPECT TO ITS ACCURACY AND/OR QUALITY AND/OR SUITABILITY AND/OR TIMELINESS AND/OR ACCESSIBILITY AND/OR AVAILABILITY AND/OR COMPLETENESS AND/OR RELIABILITY AND/OR CORRECTNESS OF THE INFORMATION OR OF ANY PART THEREOF, OR OF THE PRODUCTS, OR OF ANY OTHER MATERIALS AND/OR SERVICES THROUGH THIS SITE (HEREINAFTER: "THE CONTENTS").

WE DO NOT GUARANTEE OR REPRESENT THAT THIS SITE AND/OR THE CONTENTS INCLUDED IN IT IS/ARE OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; NOR DO WE ASSURE THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS THE CONTENTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, YOU SHOULD NOT RELY UPON ANY OF THE CONTENTS AS DEFINED ABOVE. WE OFFER THIS SITE AND ITS CONTENTS AS DEFINED ABOVE ON AN "AS IS, AS AVAILABLE" BASIS, AND YOU MAY USE IT SUBJECT TO ALL TERMS OF USE AND AT YOUR OWN RISK.

ISCAR, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT AND SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS OR INCLUSION OF ANY MATERIAL IN THE CONTENTS OR IN SUPPLY OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE WHOEVER DEFINED (INCLUDING WITHOUT LIMITATION ANY PECUNIARY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, FORESEEABLE, UNFORESEEABLE AND/OR EXEMPLARY DAMAGES), THAT MAY RESULT FROM, OR THAT OTHERWISE MAY BE RELATED TO THIS SITE OR TO THE CONTENTS.

WE EXPRESSLY DISCLAIM AND DENY ANY AND ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND/OR TO THE CONTENTS AND/OR TO ANY ISSUE THAT IS OR THAT MAY OTHERWISE BE RELATED TO THIS SITE. THIS EXCLUSION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, IRRESPECTIVE OF WHETHER ISCAR AND/OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

YOU EXPRESSLY AGREE THAT NO WARRANTY THAT IS NOT SPECIFICALLY STATED IN THIS AGREEMENT WILL BE CLAIMED OR OTHERWISE ADHERED TO BY YOU, NOR WILL SUCH A WARRANTY BE VALID. SINCE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF DIFFERENT TYPES OF DAMAGES, ISCAR’S MAXIMAL LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO, AND SHALL NOT EXCEED THE MINIMAL EXTENT OF LIABILITY STIPULATED AND/OR PERMITTED BY LAW IN SUCH JURISDICTIONS.

INDEMNIFICATION

YOU WILL INDEMNIFY AND/OR COMPENSATE ISCAR AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, DISTRIBUTORS, AGENTS AND EMPLOYEES, AND HOLD THEM HARMLESS AGAINST ANY CLAIM, LIABILITY OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO USE YOU MAKE AND/OR TO MATERIALS OR INFORMATION THAT YOU DISTRIBUTE OR OTHERWISE TRANSMIT VIA THIS SITE, AND WHICH MAY RESULT FROM OR BE RELATED TO YOUR MISCONDUCT, OR USE OR MISUSE OF THIS SITE. WITHOUT DEROGATING FROM YOUR DUTY TO INDEMNIFY AND/OR COMPENSATE ISCAR ALSO IN ANY CASE OF VIOLATION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO EXERCISE ABSOLUTE CONTROL OVER THE EXCLUSIVE DEFENCE AND HANDLING OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU UNDERTAKE TO FULLY CO-OPERATE WITH ISCAR AND TO ACT IN ACCORDANCE WITH ISCAR’S LEGAL ADVICE IN ADHERING AND MANAGING ANY AVAILABLE DEFENCES.

International Use

Iscar makes no representation whereby any materials and/or Services and/or Contents as defined above, on this site, are or may be available or appropriate in territories outside the territory in which the services are performed and/or offered. All Services and/or Contents of this site, including all products that we may offer at any time, are offered solely on the basis of domestic and local transaction. You specifically acknowledge and agree that any product and or service you may order from Iscar, if Iscar opts to provide it, will be provided to you from and by Iscar’s local lawful representative in the applicable territory. Any such transaction, deal, bargain or Service shall constitute a local deal and trade, which will be executed and performed subject to all Terms and Conditions of Salethat are listed hereinbelow, and in accordance with all relevant and governing provisions of the local law in that country. To view the Terms and Conditions of Sale click here.

Accessing this site and/or using the Contents from territories where such activities are illegal, is prohibited. Doing so contrary to this provision is at your own risk and subject to your sole responsibility to comply with all local laws.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Iscar state of incorporation. You expressly agree that the sole and exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed exclusively in the competent court and instance of Iscar state of incorporation. Further, you specifically agree and submit to the exercise of personal jurisdiction of such court/instance for the purpose of litigating any such claim or action.

Misconduct, Improper Use & Disruption



In using this website and utilizing the Services you may not, directly or indirectly, by applying, developing, supporting or using of any device, software, code, bot or other means (such as web crawlers, data mining tools, plugins, add-ons or any other technology), scrape any data found on the Site or otherwise accessible by the Site, even if such data is made available on and/or accessible by the Site without conditioning the accessing or using it on prior specific identification or authorization.

Acceptance of Orders and Signatures

The Contents and Services available in this Site are offered to you subject to all Terms and Conditions of Sale and in accordance with these Terms of Use. All electronic orders placed and/or transmitted by you in or through this Site under your username, if received and approved by Iscar, shall be deemed as acceptance of the offer made by you. We reserve the right to contact you, by electronic mail, telephone, post or any other reasonable means for the purposes of ascertaining your identity, clarification of your requested order, discussing any credit and payment terms, verification of your desired delivery address and means by which you prefer delivery to be made, and for any other purpose which may be related to your order.

You specifically agree to the formation of a legally binding purchase and/or service agreement between you and Iscar upon the receipt of your order/s, provided that we accept, approve and confirm that order/s by issuing an Approval of Order with reference number similar to your order number. Should our Approval of Order relate to only part of your order, the agreement between us shall take effect only with respect to that part of your order that was accepted and approved by us. We may deny or approve your order/s wholly or partially as we may find fit and without being under any obligation to justify our decision. In case we decide to approve only part of your order/s, you will not be entitled to raise any claim and/or demand, nor will you be entitled to any remedy, in respect of that part of your order that we did not approve.

You expressly waive and abandon in advance any claim that orders received from you and confirmed by us did not constitute an offer made by you to us, or that no agreement was formed between you and Iscar for reasons of, inter alia, lack of signature and/or lack of communication of acceptance.

Severability and Integration

This Agreement constitutes the entire agreement between you and Iscar with respect to this Site, the Services and all its Contents as defined above. Its entire Terms of Use supersede and override any and all prior or simultaneous negotiations, representations and proposals (whether oral, written, electronic or any other) between you and Iscar.

If any provision amongst these Terms of Use is held invalid or otherwise unenforceable, wholly or partially, such provision shall be interpreted, construed, applied and enforced in a manner consistent with the applicable law and which reflects the genuine intentions expressed in these Terms of Use. Each and any of the remaining provisions shall remain in full force and effect.

Termination

Iscar reserves the right, at its sole and absolute discretion, to terminate and/or otherwise limit access to all or part of this site and/or its contents as it deems fit, with or without notice.

© Iscar Ltd. All Rights Reserved [April 2021]

Responsibility for Errors and Omissions Sample Clauses

  • Technology Errors and Omissions The Contractor shall maintain during the term of the Contract Technology Errors and Omissions Insurance for claims for damages arising from computer related services including, but not limited to, the following: consulting, data processing, programming, system integration, software development, installation, distribution or maintenance, systems analysis or design, training, staffing or other support services, any electronic equipment, computer software developed, manufactured, distributed, licensed, marketed or sold. If the policy is written on a claims made basis, Contractor must provide to OGS proof that the policy provides the option to purchase an Extended Reporting Period (“tail coverage”) providing coverage for no less than one (1) year after work is completed in the event that coverage is cancelled or not renewed. This requirement applies to both primary and excess liability policies, as applicable.

  • Errors and Omissions All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as project manager and key personnel attached hereto, prior to submission to the County. Contractor agrees that County review is discretionary and Contractor shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after County approval thereof, County approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or documents will be returned to Contractor for correction.

  • Liability for Acts and Omissions As between any Loan Party and the Issuing Lender, or the Issuing Lender’s Affiliates, such Loan Party assumes all risks of the acts and omissions of, or misuse of the Letters of Credit by, the respective beneficiaries of such Letters of Credit. Nothing in the preceding sentence shall relieve the Issuing Lender from liability for the Issuing Lender’s gross negligence or willful misconduct in connection with actions or omissions described in such clauses (i) through (viii) of such sentence. In no event shall the Issuing Lender or its Affiliates be liable to any Loan Party for any indirect, consequential, incidental, punitive, exemplary or special damages or expenses (including without limitation attorneys’ fees), or for any damages resulting from any change in the value of any property relating to a Letter of Credit. In furtherance and extension and not in limitation of the specific provisions set forth above, any action taken or omitted by the Issuing Lender or its Affiliates under or in connection with the Letters of Credit issued by it or any documents and certificates delivered thereunder, if taken or omitted in good faith, shall not put the Issuing Lender or its Affiliates under any resulting liability to the Borrower or any Lender.

  • Professional Liability (Errors and Omissions) Insurance covering Contractor's liability arising from or related to this Contract, with limits of not less than $1 million per claim and $2 million aggregate. Further, Contractor understands and agrees it shall maintain such coverage for a period of not less than three (3) years following this Agreement's expiration, termination or cancellation.

  • Maintenance of Insurance Policies and Errors and Omissions and Fidelity Coverage

  • Maintenance of Insurance and Errors and Omissions and Fidelity Coverage (a) The Servicer, consistent with Accepted Servicing Practices and the Mortgage Loan Documents, shall use efforts consistent with Accepted Servicing Practices to cause to be maintained by the Borrower (or if the Borrower fails to maintain such insurance in accordance with the Mortgage Loan Documents, the Servicer shall cause to be maintained to the extent such insurance is available at commercially reasonable rates, and to the extent the Trustee, as mortgagee, has an insurable interest) insurance with respect to the Property of the types and in the amounts required to be maintained by the Borrower under the Mortgage Loan Documents and to monitor the Borrower’s compliance with such insurance requirements. The cost of any such insurance maintained by the Servicer shall be advanced by the Servicer, as a Property Protection Advance unless it would be a Nonrecoverable Advance. Neither the Servicer nor the Special Servicer shall be required to maintain, and shall not cause the Borrower to be in default with respect to the failure of the Borrower to obtain, all-risk casualty insurance which does not contain any carve-out for terrorist or similar acts, if and only if the Special Servicer has (and, prior to the occurrence and continuance of a Control Event, with the consent of the Directing Certificateholder) determined, on an annual basis, that such failure is an Acceptable Insurance Default. Neither the Servicer nor the Special Servicer shall be required to obtain terrorism insurance pursuant to this Agreement to the extent the Borrower would not be obligated to maintain terrorism insurance under the Mortgage Loan Documents as in effect on the date thereof.

  • ERRORS AND OMISSIONS RELATED TO DATA 11.1.0 Board errors and retroactive adjustments shall be the responsibility of the Board.

  • Correction of Errors and Omissions; Other Liabilities (a) In the event any bookkeeping omissions or errors are discovered in preparing any pro forma statement or in completing the transfers and assumptions contemplated hereby, the parties hereto agree to correct such errors and omissions, it being understood that, as far as practicable, all adjustments will be made consistent with the judgments, methods, policies or accounting principles utilized by the Failed Bank in preparing and maintaining Accounting Records, except that adjustments made pursuant to this Section 8.2(a) are not intended to bring the Accounting Records of the Failed Bank into accordance with generally accepted accounting principles.

  • Responsibility for Damage Resident is solely responsible for any damage, defacement or loss within the assigned bedroom space. All assigned residents of an apartment are jointly and severally responsible for any damage, defacement or loss to common areas, other parts of the facility, fixtures or appliances, except for the portion of damages over $100,000 where it is finally established that Resident or one or more other residents of the apartment were solely at fault for the entire loss, in which case such person(s) will be solely responsible. Resident is fully responsible for the conduct of Resident’s guests, visitors, licensees and invitees (“Guests”), including without limitation harm to individuals or damage or defacement of any part of the Property or its fixtures or property of third parties (including other residents) by such Guests.

  • Professional Liability (Errors and Omissions) Insurance Limits shall not be less than the following:

  • not responsible for errors or omissions

    Disclaimer Examples

    Disclaimers help companies protect themselves against legal claims by addressing liabilities specific to their operations.

    Although businesses, websites, and apps in all industries can benefit from the legal protection a disclaimer statement offers, they’re especially useful for platforms that manage:

    • Affiliate relationships
    • Customer testimonials
    • Legal advice
    • Medical advice
    • Financial advice
    • Giveaways
    • Email newsletters
    • Sponsored posts
    • Entertainment
    • Offensive content/material

    If you’re ready to download and customize a disclaimer, check out our disclaimer template or let us do the work for you with our free disclaimer generator.

    To help you choose what to include in your statement, let’s look at some common disclaimer statement examples, and how they can benefit your business.

    Table of Contents
    1. Copyright Disclaimer
    2. Fair Use Disclaimer
    3. Confidentiality Disclaimer (for Emails)
    4. Warranty Disclaimer
    5. No-responsibility Disclaimer
    6. Views Expressed Disclaimer
    7. Investment Disclaimer
    8. No Guarantee Disclaimer
    9. Disclaimer Statement Examples: Summary
    10. Disclaimer FAQs

    You can use our free disclaimer generator to create and customize disclaimers in this article.

    1. Copyright Disclaimer

    A copyright disclaimer protects original content against user theft. It explains that you own your website and everything on it — and that there are legal repercussions for using your work without permission.

    Copyright is a form of protection offered by US law for “original works of authorship.” An original work is defined by the US Copyright Office as:

    independently created by a human author and possesses at least some minimal degree of creativity. 

    Copyright examples include any creative work that comes in a tangible form. As soon as a work is created and becomes reproducible, copyright protection automatically applies.

    A detailed copyright disclaimer is therefore not legally required, but acts as a strong deterrent against copyright infringement. It shows that you are aware of the law and will defend your claim.

    Your business’s copyright claim can be detailed in your terms and conditions under intellectual property rights:

    An example of intellectual property rights disclaimer clause

    This example disclaimer clause allows you to lay claim to your site’s creative assets. However, notifying users of your copyright as soon as they access your site is also important.

    One effective way to do this is to place a copyright notice in your site’s footer. It should comprise three parts:

    • The copyright symbol
    • The year of publication
    • The name of the copyright owner

    Here’s how a copyright notice looks on Instagram’s homepage:

    An example copyright notice/disclaimer in Instagram's homepage footer

    By proving that users were made aware of your copyright as soon as they access your site, you will have a stronger case if a dispute goes to court. Follow Instagram’s example, and put a copyright notice in your site footer.

    The NFL’s terms and conditions includes a detailed copyright disclaimer:

    Copyright disclaimer example in the NFL's terms of service

    It states that the NFL owns all the content provided through its services, and that users have no license to copy, modify, or distribute it.

    Use a copyright disclaimer to establish ownership of original content, and prevent users from benefiting commercially from your hard work.

    Generate a Free Customized Disclaimer Not responsible for errors or omissions Termly

    Here’s how you can use Termly’s generator to create a custom and legally compliant disclaimer for your needs.

    Step 1: Go to Termly’s disclaimer generator.

    Step 2: Answer a few simple prompts and questions, and go through all of the steps until you reach “Final Details.”

    disclaimer-examples-snippet-screenshot

    Step 3: Once you’ve filled in everything and you are satisfied with the preview, click “Publish.” You will then be prompted to create an account on Termly so you can save and edit your legal disclaimer further.

    2. Fair Use Disclaimer

    If your site or app uses content from other sources, you need to include a fair use disclaimer to prevent your business from being accused of copyright infringement.

    Under the principle of fair use, copyrighted works can be used in certain circumstances without the not responsible for errors or omissions of the copyright owner.

    According to Section 107 of the Copyright Act:

    the fair use of a copyrighted work […] for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

    To protect your business from copyright infringement claims, follow these steps:

    1. State that your site may contain content not authorized for use by its owner
    2. Explain how your use of this material falls under the guidelines of fair use (e.g., comment)
    3. Link to Section 107 of the Copyright Act

    Here’s an example of a fair use–copyright disclaimer from a YouTube video that meets these requirements:

    Fair use disclaimer example on a YouTube video

    You can defend your use of original content with similar disclaimer language, based on the category of fair use you are using copyrighted work under, and any applicable licences.

    To present its fair use guidelines, YouTube includes a link to a copyright resource in its site footer:

    Copyright highlighted in YouTube's site footer

    In these guidelines, YouTube includes a copyright and fair use disclaimer explaining that it receives a lot of takedown requests under copyright law, and that it strives to protect creators.

    While we can’t offer a legal defense to everyone, we’ll remain vigilant about takedown notices impacting all creators.

    If your website or app relies on content created by others, you can learn from YouTube’s open and accessible approach to fair use to build trust with your users.

    YouTube content creators and businesses that target children under 13 need to comply with the Children’s Online Privacy Protection Act (COPPA).

    Be sure to try our free disclaimer generator to customize a free disclaimer for any of your needs.

    3. Confidentiality Disclaimer not responsible for errors or omissions Emails)

    Confidentiality disclaimers explain that not responsible for errors or omissions content is only intended to be seen by a certain audience — for example, private information in an email.

    Digital communication offers more opportunities for confidential information to be exposed or intercepted. A confidentiality disclaimer states who the message is for, why the recipient should not forward it to others, and who they should contact if they receive the message by mistake.

    Email hosting company Zoho offers a sample confidentiality disclaimer, which can be included in an email signature:

    This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. You cannot use or forward any attachments in the email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. Company X, Suite# 1, Street, City, Country, www.company.com

    Confidentiality disclaimers are commonly used in law, education, and healthcare — industries that rely on the transfer of sensitive information. For example, they’re useful in situations where a business needs to ensure attorney–client privilege, safeguard sensitive personal data, or protect private health records.

    If you send emails containing protected health information to US medical patients, a confidentiality disclaimer is required in order to comply with the Health Insurance Portability and Accountability Act (HIPAA).

    Here’s an example of a HIPAA email disclaimer from the University of Miami:

    HIPAA confidentiality/email disclaimer.

    Standard disclaimer text like this can help meet HIPAA’s list of precautions for emails.

    If your business sends certain confidential information by email, add a confidentiality disclaimer to all electronic communications to comply with the law, or just to ensure your messages are only seen by the intended audience.

    Take a holistic approach to your legal policies by customizing a terms of service template to complement and reinforce your disclaimer.

    4. Warranty Disclaimer

    Warranty disclaimers explain that sellers and service providers are not bound by any implied promises about their products in the event of failures or defects.

    These statements vary depending on the nature of your business, but typically explain that a product or service is offered “as is” — implying that the customer or user accepts it in its current condition, including any unseen faults.

    For websites and apps, warranty disclaimers state that the company makes no promises about the accuracy and reliability of the content it publishes, not responsible for errors or omissions. Here’s an example:

    Example warranty disclaimer clause from Termly

    As seen above, this standard disclaimer wording allows you to avoid responsibility for any mistakes, errors, or omissions that occur. This prevents users from taking legal action against your business because of a simple mistake.

    Tumblr’s terms of service provide a good example of a warranty disclaimer:

    Tumblr's "as is" warranty disclaimer

    The disclaimer tells users that the service is provided on an “as is” and “as available” basis, and that by using it, visitors accept that it may contain defects or not meet their expectations.

    Take, for example, Amazon’s disclaimer of warranties. The world’s largest retailer has a suitably comprehensive statement that applies to both its services and its products:

    Amazon's disclaimer of warranties

    All sites and apps are subject to unforeseen technical issues, and warranty disclaimers like these two examples limit your liability for problems outside of your control, such as viruses and downtime.

    5. No-responsibility Disclaimer

    No-responsibility disclaimers explain to users that your business will not be held responsible for any damages they suffer as a result of using your products or services.

    Because these agreements limit your liability, they are also often referred to online as “no liability” disclaimers.

    No-responsibility disclaimers address both tangible and intangible damages — for example, physical harm caused by using a product, loss of profits or loss of data, and defamatory comments.

    Our free disclaimer generator will create a custom disclaimer for you automatically!

    Twitter’s terms of service includes a particularly detailed not responsible for errors or omissions of liability disclaimer:

    Twitter's limitation of liability disclaimer

    This disclaimer explains that Twitter will not be held responsible for the content its users choose to share, which may be offensive to others.

    The Information Commissioner’s Office (ICO), which enforces global privacy laws such as the General Data Protection Regulation (GDPR) in the UK, also has a disclaimer on its not responsible for errors or omissions src="https://termly.io/wp-content/uploads/2019/12/ico-disclaimer.png" alt="The UK ICO's disclaimer" width="744" height="389">

    As the ICO website discusses privacy law compliance, it must inform users that the information it provides is not legal advice, and that the external website links it provides are only for reference.

    It’s critical to limit your business’s liability for all aspects of your operations — even for small things like linking to other websites.

    If, like the ICO, you advise on issues like GDPR compliance, include no-responsibility clauses in your disclaimer.

    6. Views Expressed Disclaimer

    Views expressed disclaimers state that the views and opinions stated on a site or platform by contributors are not the same as those of the business.

    This type of disclaimer is vital if your site allows contributions from others, or provides a platform for users and guests to leave comments. It explains in legal terms that the opinion of an author you publish is not the same as that of your company or organization.

    A model example of a views expressed disclaimer is the Federal Communications Commission (FCC) podcast disclaimer:

    Example views expressed disclaimer from the FCC

    The FCC’s disclaimer clearly explains to users that the podcast exists to offer guidance, not provide a strict interpretation of FCC policy.

    Fox News has a disclaimer that addresses user-generated content on its message boards and forums:

    Example views expressed disclaimer used by Fox News

    The Fox News disclaimer is a good example of how a news website can benefit from the discussion created by user-generated content, but still distance itself from the views expressed.

    If you allow contributors or users to share their opinions, either through forums or for marketing purposes, a views expressed disclaimer is a handy weapon in your legal arsenal.

    7. Investment Disclaimer

    Investment disclaimers explain that while a business may provide financial advice, it is not responsible for the consequences of acting on that advice.

    This type of disclaimer is suitable for sites that deal with all types of investments, from mutual funds to real estate.

    Citibank’s terms and conditions includes a good example of an effective bank disclaimer:

    Citibank's investment disclaimer

    It clearly states that Citibank will not be responsible for the consequences of using its investment products, such as losses associated with the risks of investing.

    An investment disclaimer like this also explains that past performance is not an indicator of future results.

    Similar financial disclaimers are found on cryptocurrency websites. CoinDesk’s terms and conditions includes the following investment disclaimer clause:

    Example investment disclaimer from CoinDesk

    Although CoinDesk provides information about investing in digital assets, its disclaimer says users should not make investments based on this information. In a turbulent industry such as cryptocurrency, it’s important for a company to fully disclaim all responsibility for decisions its users make.

    No matter how professional your services, you should not be responsible for how your users act upon them. Investment disclaimers are just one industry example of how you can protect your specific business interests.

    Legal policies don’t have to be wordy to be effective — in fact, the opposite is true. Avoid legalese and write clear policies that your users understand.

    8. No Guarantee Disclaimer

    No guarantee disclaimers state that a business makes no promises regarding the outcome of using its product or service.

    One of the best examples online is Wikipedia’s disclaimer:

    Wikipedia's no guarantee disclaimer

    This disclaimer explains that although Wikipedia has a team of editors, it has no formal peer review, and therefore cannot guarantee the validity of information contained on its site.

    It includes a separate clause stating that while it covers various topics, it does not constitute advice in that discipline:

    Example Wikipedia disclaimer clause

    If you post any type of informational content, a standard no guarantee disclaimer clause allows you to be a source of industry knowledge without any obligations to your users.

    The US Equal Employment Commission’s disclaimer is similar:

    EEOC disclaimer example clause

    Whatever type of website you operate, it’s valuable to include a no guarantee disclaimer like the one above to stop users taking advantage — for example, suing for errors.

    Use our free disclaimer generator to create any of the disclaimers mentioned in this article in minutes!

    Disclaimer Statement Examples: Summary

    Disclaimers reinforce your company’s legal defenses by specifically addressing certain liabilities that aren’t explained in your other policies.

    To recap, there are many types of disclaimers, and you need to pick one that best suits your needs. For example:

    • Copyright disclaimers help protect your original content 
    • Fair use disclaimers help you avoid copyright infringement claims
    • Confidentiality/email disclaimers help maintain the confidentiality of private information
    • Warranty disclaimers prevent you from being bound by faults and defects
    • No responsibility disclaimers limit your liability for damages
    • Views expressed disclaimers allow you to distance yourself from others’ opinions
    • Investment disclaimers state that you take no responsibility for how others act on your advice
    • No guarantee disclaimers explain the limits of your products or services

    The benefit of all disclaimers, no matter the industry, is to safeguard your business interests. If you don’t have a disclaimer, you’re potentially leaving your business vulnerable to legal trouble.

    Use our disclaimer template to get started writing your own, or create custom disclaimers in minutes using our free disclaimer generator.

    Disclaimer FAQs

    If you’re looking for more answers, here are some frequently asked questions about disclaimers:

    Do I Need a Disclaimer?

    Yes, you need a disclaimer to protect your website against legal liability. Disclaimers inform users that your site will not be held responsible for any damages suffered from using your site.

    For example, if you run a legal blog, a legal disclaimer will tell users that your content should not be taken as legal advice, and your site will not be held accountable for any legal actions the reader may take.

    Whether you run an ecommerce site, blog, app, or general website, you need a disclaimer (or multiple disclaimers) to be transparent with users and protect yourself against legal claims.

    Where Do I Put My Disclaimer?

    Put your disclaimer where users can easily find it. You can put your disclaimer or disclaimers on a separate page, then link to that page in your website menu, website footer, or impressum page if you have one.

    You should also put your disclaimers on relevant content. For example, if you promote an Amazon product in a blog post through the Amazon Affiliates program, you need to add an Amazon Affiliates disclaimer to that blog post.

    What Types of Disclaimers Are There?

    There are many types of disclaimers that address liabilities for different industries, activities, and content. The most common types of disclaimers are:

    1. Fair Use Disclaimer: A fair use disclaimer discloses that you are not responsible for errors or omissions copyrighted materials on your website lawfully and with the appropriate permissions.
    2. Warranty Disclaimer: Warranty disclaimers explain that sellers and service providers are not responsible for possible product or service failures.
    3. Copyright Disclaimer: A copyright disclaimer lets site visitors know that your site contains copyrighted material.
    4. No Responsibility Disclaimer: No responsibility disclaimers inform users that you are not responsible for the actions they take based on content found on your website.
    5. Confidentiality Disclaimer: Confidentiality disclaimers assure users that some content, such as contact information, is only intended to be seen by certain parties.
    6. Affiliate Disclaimer: Affiliate disclaimers disclose your participation in an affiliate program, such as Amazon Associates.
    7. YouTube Disclaimer: YouTube disclaimers are any disclaimer found in the video description of a YouTube video. Commonly, copyright disclaimers and no responsibility disclaimers double as YouTube disclaimers.
    8. Views Expressed Disclaimer: Views expressed disclaimers specify that the opinions found on your website are not the views or opinions of your business.
    9. Investment Disclaimer: An investment disclaimer informs readers that your investments commentary is information, and should not be taken as official investment advice.
    10. No Guarantee Disclaimer: No guarantee disclaimers announce that your website or business makes no promises about the results of a product or service.
    11. Use at Your Own Risk Disclaimer: Use at your own risk disclaimers instruct your site’s visitors to act on your content or recommendations at their own risk.
    12. Email Disclaimer: An email disclaimer is any disclaimer added to the footer of an email. Most often, confidentiality disclaimers act as email disclaimers.
    13. Past Performance Disclaimer: Past performance disclaimers state that previous results do not equal future results.
    14. Medical Disclaimer: A medical disclaimer informs users that the content on the site is provided for informational purposes only, and does not substitute professional medical advice.

    Members of the Amazon Associates program are legally required to include an Amazon affiliate disclosure. Similar to a disclaimer, this explains that the site has an affiliate relationship that users should be aware of.

    How Do I Write a Disclaimer?

    You can write a disclaimer by modifying a disclaimer template to address any liabilities you have on your site.

    Using a disclaimer template will make it easy for you to pick and choose the disclaimers that may apply to your website, and then customize those disclaimers to include any information unique to your site.

    Additional FAQs

    Written by Simon Fogg

    Simon is a data privacy expert and legal analyst for Termly. He studies news and trends in the data privacy space, then brings compliance solutions to business owners and website operators.

    Introduction to Iscar Ltd. Web Site

    Welcome to Iscar Ltd. Web Site (the "Site"). We appreciate your interest in Iscar’s products and services.

    This site is made available to you subject to the following Terms of Use which if accepted by you will constitute a legally binding agreement between you and Iscar Ltd. In these Terms of Use, "Iscar" means Iscar Ltd., its subsidiaries, affiliates, holding companies, and any other legal entity anywhere in the world, that is held by, or is held under common control with, or is the holder of Iscar, whether in whole or in part.

    You may use this site provided that you not responsible for errors or omissions any and all of the provisions listed below. We may amend, update or otherwise change, at any time and without prior notice, any or all of the Terms of Use, the conditions and/or the provisions included in this site. Please check the contents of these Terms of Use periodically for changes. Your continued use of this site, or of any part thereof following the posting of any changes to the Terms of Use, constitutes acceptance of those Terms of Use and of any subsequent changes. Each such amendment shall become automatically valid and enforceable at the time when first displayed by us on the Site.

    Save in the case of conflict of laws, these Terms of Use shall take precedence over the Terms and Conditions of Sale. If you are bound by a separate and independent valid written agreement with Iscar, none of these Terms of Use shall invalidate any of the provisions of such an agreement.

    No change, amendment, cancellation, supplement or deviation from these Terms of Use may be made by virtue of conduct of the parties. These terms of Use shall not be otherwise amended or not responsible for errors or omissions except with the prior written consent of Iscar Ltd.

    If you do not agree with all terms and conditions hereof, please exit the Site without making any use of it.

    Description of Service and Use of the Site

    Our site provides its users with easy access to information about our products, for the purposes of ordering any of our products that are listed on the Site from time to time, to acquire updated information regarding our offerings and services, and also to provide information and training regarding the world of metal cutting tools, all subject to the Terms of Use and the conditions stated above and hereinbelow (hereinafter: the "Services").

    Copyrights, Trademarks and Proprietary Rights

    The information contained and/or referred to in these pages, including but not limited to all patents, trademarks, registered trademarks, copyright, logos, trade names, drawings, pictures, videos, designs, names, materials, contents, programming, databases of information, resources, links, descriptions of Internet resources and any other documents or details from which any proprietary and/or intellectual property right may emanate, is the sole and absolute property of Iscar.

    Unless otherwise specifically stated and authorized in writing by us, no part of any such information may be duplicated, copied, reproduced, distributed, shared, used to create derivative works, amended or otherwise used for any purpose, wholly or partially, without the prior written consent of Iscar. Any and all rights to use such information is limited to personal use in connection with the Services, and no commercial use or exploitation of such information is permitted. Without derogating from the generality of the stated above, none of Iscar's names, patents and trademarks, whether registered or not, may be used without the prior written consent of Iscar and in no event shall any of these be used in any way or manner which may be misleading and/or which may cause and/or which may lead to, any confusion.

    Under no circumstances is any license, permission, right or interest of any nature granted to anyone using this site, nor does any purchase of any product, or consumption of any service from us, imply that you are in any way entitled to such rights.

    Violation of any of these provisions is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators may be subject to legal proceedings, to the maximum extent permitted by law.

    This notice refers to any page/s that are or that may be included in, and/or linked with the Iscar Web site, irrespective of whether such pages are marked with Copyright © notice, Trademark notice™, or registered trademark notice ®. The receipt of this HTML page, or any other page in which a link to this page exists, shall be considered as acceptance of these conditions without any reservations, not responsible for errors or omissions.

    Hyperlinks

    Our site may provide links to other websites or resources. Since we cannot be responsible for such other sites and as we have no control over any of these other sites, including but not limited to their contents, you hereby acknowledge and agree that Iscar is not, and will not be held responsible for such other sites, including without limitation their availability, contents, the type of services they offer, the advertising and/or products contained therein, and their form. You also acknowledge and agree that we are not, and will not be held liable or responsible, directly or indirectly, for any damage and/or loss, whether pecuniary or not, caused or alleged to be caused by or in connection with use of, or reliance on, any such contents, goods or services available on or through any such other site/s or resource/s.

    You further acknowledge that Iscar is not and will not be held liable or responsible for the accuracy, the legality, the decency, the copyright, the compliance, the availability of any materials included in or referred to in these other sites, or any other aspect of the content of such other sites. The inclusion of such links does not imply endorsement of the site by Iscar or any association with the operators of such site and resources.

    Without derogating from the generality of the stated above, you specifically undertake and agree not to create any direct or indirect links to our site without obtaining our previous written consent, not responsible for errors or omissions.

    Accuracy and Access

    All information including without limitation data, figures, specification and names contained in this site is constantly reviewed and modified by us in accordance with our latest developments and recent publications. However, although we carefully and constantly review the accuracy of these pages, we can NOT assure, under any circumstances, the accuracy, the availability and the access to any Service and/or any part of any information contained or listed in our site and/or in any of its pages. We assume no responsibility or liability for omissions or errors that may appear, and we cannot assure the availability of the Service at any given time. We cannot guarantee that each and every specification contained in the information in our site at any time is or will be accurate, precise, correct, or complete, nor can we assure strict reliance on the information contained in this Site. As your use of this Site is at your own risk, you are fully encouraged to use all possible means and precautions to overcome any of the above factors.

    Security

    Unfortunately, no data-transmission over the Internet is guaranteed to be 100% secure. We cannot assure or guarantee the security and protection of information sent by you over the Internet, and any information you transmit to us is at your own risk. Nonetheless, any information we may receive from you will be maintained and used by us in accordance with our Privacy Statement, and in a manner that protects and safeguards your privacy.

    If you feel more secure you may always contact Iscar's local authorized distributor rather than sending any of your information over the Internet.

    DISCLAIMER / LIMITATION OF LIABILITY

    ALTHOUGH WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION IN OUR SITE AND TO ENABLE SMOOTH AND SAFE OPERATION OF THIS SITE, WE DO NOT GUARANTEE, NOR DO WE MAKE ANY PRESENTATIONS OR REPRESENTATIONS WHATSOEVER AS TO THIS SITE WITH RESPECT TO ITS ACCURACY AND/OR QUALITY AND/OR SUITABILITY AND/OR TIMELINESS AND/OR ACCESSIBILITY AND/OR AVAILABILITY AND/OR COMPLETENESS AND/OR RELIABILITY AND/OR CORRECTNESS OF THE INFORMATION OR OF ANY PART THEREOF, OR OF THE PRODUCTS, OR OF ANY OTHER MATERIALS AND/OR SERVICES THROUGH THIS SITE (HEREINAFTER: "THE CONTENTS").

    WE DO NOT GUARANTEE OR REPRESENT THAT THIS SITE AND/OR THE CONTENTS INCLUDED IN IT IS/ARE OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; NOR DO WE ASSURE THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS THE CONTENTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, YOU SHOULD NOT RELY UPON ANY OF THE CONTENTS AS DEFINED ABOVE. WE OFFER THIS SITE AND ITS CONTENTS AS DEFINED ABOVE ON AN "AS IS, AS AVAILABLE" BASIS, AND YOU MAY USE IT SUBJECT TO ALL TERMS OF USE AND AT YOUR OWN RISK.

    ISCAR, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, not responsible for errors or omissions, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT AND SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS OR INCLUSION OF ANY MATERIAL IN THE CONTENTS OR IN SUPPLY OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE WHOEVER DEFINED (INCLUDING WITHOUT LIMITATION ANY PECUNIARY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, FORESEEABLE, UNFORESEEABLE AND/OR EXEMPLARY DAMAGES), THAT MAY RESULT FROM, OR THAT OTHERWISE MAY BE RELATED TO THIS SITE OR TO THE CONTENTS.

    WE EXPRESSLY DISCLAIM AND DENY ANY AND ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND/OR TO THE CONTENTS AND/OR TO ANY ISSUE THAT IS OR THAT MAY OTHERWISE BE RELATED TO THIS SITE. THIS EXCLUSION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, IRRESPECTIVE OF WHETHER ISCAR AND/OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

    YOU EXPRESSLY AGREE THAT NO WARRANTY THAT IS NOT SPECIFICALLY STATED IN THIS AGREEMENT WILL BE CLAIMED OR OTHERWISE ADHERED TO BY YOU, NOR WILL SUCH A WARRANTY BE VALID. SINCE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF DIFFERENT TYPES OF DAMAGES, ISCAR’S MAXIMAL LIABILITY Not responsible for errors or omissions SUCH JURISDICTIONS SHALL BE Vegas an error occurred starting vegas pro TO, AND SHALL NOT EXCEED THE MINIMAL EXTENT OF LIABILITY STIPULATED AND/OR PERMITTED BY LAW IN SUCH JURISDICTIONS, not responsible for errors or omissions.

    INDEMNIFICATION

    YOU WILL INDEMNIFY AND/OR COMPENSATE ISCAR AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, DISTRIBUTORS, AGENTS AND EMPLOYEES, AND HOLD THEM HARMLESS AGAINST ANY CLAIM, LIABILITY OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO USE YOU MAKE AND/OR TO MATERIALS OR INFORMATION THAT YOU DISTRIBUTE OR OTHERWISE TRANSMIT VIA THIS SITE, AND WHICH MAY RESULT FROM OR BE RELATED TO YOUR MISCONDUCT, OR USE OR MISUSE OF THIS SITE, not responsible for errors or omissions. WITHOUT DEROGATING FROM YOUR DUTY TO INDEMNIFY AND/OR COMPENSATE ISCAR ALSO IN ANY CASE OF VIOLATION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO EXERCISE ABSOLUTE CONTROL OVER THE EXCLUSIVE DEFENCE AND HANDLING OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU UNDERTAKE TO FULLY CO-OPERATE WITH ISCAR AND TO ACT IN ACCORDANCE WITH ISCAR’S LEGAL ADVICE IN ADHERING AND MANAGING ANY AVAILABLE DEFENCES.

    International Use

    Iscar makes no representation whereby any materials and/or Services and/or Contents as defined above, on this site, are or may be available or appropriate in territories outside the territory in which the services are performed and/or offered. All Services and/or Contents of this site, including all products that we may offer at any time, are offered solely on the basis of domestic and local transaction. You specifically acknowledge and agree that any product and or service you may order from Iscar, if Iscar opts to provide it, will be provided to you from and by Iscar’s local lawful representative in the applicable territory. Any such transaction, deal, bargain or Service shall constitute a local deal and trade, which will be executed and performed subject to all Terms and Conditions of Salethat are listed hereinbelow, and in accordance with all relevant and governing provisions of the local law in that country. To view the Terms and Conditions of Sale click here.

    Accessing this site and/or using the Contents from territories where such activities are illegal, is prohibited. Doing so contrary to this provision is at your own risk and subject to your sole responsibility to comply with all local laws.

    Choice of Law and Forum

    These Terms of Use shall be governed by and construed in accordance with the laws of the Iscar state of incorporation. You expressly agree that the sole and exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed exclusively in the competent court and instance of Iscar state of incorporation. Further, you specifically agree and submit to the exercise of personal jurisdiction of such court/instance for the purpose of litigating any such claim or action.

    Misconduct, Improper Use & Disruption



    In using this website and utilizing the Services you may not, directly or indirectly, by applying, developing, supporting or using of any device, software, code, bot or other means (such as web crawlers, data mining tools, plugins, add-ons or any other technology), scrape any data found on the Site or otherwise accessible by the Site, even if such data is made available on and/or accessible by the Site without conditioning the accessing or using it on prior specific identification or authorization.

    Acceptance of Orders and Signatures

    The Contents and Services available in this Site are offered to you subject to all Terms and Conditions of Sale and in accordance with these Terms of Use. All electronic orders placed and/or transmitted by you in or through this Site under your username, if received and approved by Iscar, shall be deemed as acceptance of the offer made by you. We reserve the right to contact you, by electronic mail, telephone, post or any other reasonable means for the purposes of ascertaining your identity, clarification of your requested order, discussing any credit and payment terms, verification of your desired delivery address and means by which you prefer delivery to be made, and for any other purpose which may be related to your order.

    You specifically agree to the formation of a legally binding purchase and/or service agreement between you and Iscar upon the receipt of your order/s, provided that we accept, approve and confirm that order/s by issuing an Approval of Order with reference number similar to your order number. Should our Approval of Order relate to only part of your order, the agreement between us shall take effect only with respect to that part of your order that was accepted and approved by us. We may deny or approve your order/s wholly or partially as we may find fit and without being under any obligation to justify our decision. In case we decide to approve only part of your order/s, you will not be entitled to raise any claim and/or demand, nor will you be entitled to any remedy, in respect of that part of your order that we did not approve.

    You expressly waive and abandon in advance any claim that orders received from you and confirmed by us did not constitute an offer not responsible for errors or omissions by you to us, or that no agreement was formed between you and Iscar for reasons of, not responsible for errors or omissions, inter alia, lack of signature and/or lack of communication of not responsible for errors or omissions.

    Severability and Integration

    This Agreement constitutes the entire agreement between you and Iscar with respect to this Site, the Services and all its Contents as defined above. Its entire Terms of Use supersede and override any and all prior or simultaneous negotiations, representations and proposals (whether oral, written, electronic or any other) between you and Iscar.

    If any provision amongst these Terms of Use is held invalid or otherwise unenforceable, wholly or partially, such provision shall be interpreted, construed, applied and enforced in a manner consistent with the applicable law and which reflects the genuine intentions expressed in these Terms of Use. Each and any of the remaining provisions shall remain in full force and effect.

    Termination

    Iscar reserves the right, at its sole and absolute discretion, to terminate and/or otherwise limit access to all or part of this site and/or its contents as it deems fit, with or without notice.

    © Iscar Ltd. All Rights Reserved [April 2021]

    An errors not responsible for errors or omissions omissions statement (E&O), not responsible for errors or omissions, or disclaimer, helps protect your company and its workers against claims or lawsuits made by clients for inadequate performed professional services, including errors, omissions, or failure to perform professional services.

    Are Errors & Omissions Statements Effective?

    Many companies are now using E&O statements, or disclaimers, on their websites, in contracts, or in license agreements. This might theoretically protect a company from lawsuits, but not always. Disclaimers are most effective when written by a lawyer and supported with a professional liability insurance policy.

    For example, a company may include a disclaimer on their website that the information on the site is for “informational purposes only.” This might offer some protection from legal actions; however, a customer could still claim that they suffered monetary damages and file a lawsuit. The company would then incur all the legal costs associated with their defense. If they don't have an E&O insurance policy, they could suffer major financial setbacks just from the cost of the lawsuit, not responsible for errors or omissions. And if the court finds them liable for the mistake or omission, they would also have to pay the settlement amount.

    What Is Errors & Omissions Insurance?

    Error and omissions coverage is a form of professional liability insurance. Most people are likely more familiar with other forms of professional liability insurance, such as malpractice insurance used in the healthcare industry. However, since the 1970s, the need for other types of professional liability protections in industries outside of healthcare has increased.

    Companies that offer professional services to customers use E&O insurance. In these cases, the professional liability insurance protects the company if a customer claims that they incurred economic damages due to services the company provided or failed to provide, or even if the services failed to meet the expected results. Depending on the level of financial damage, this coverage can help your company avoid significant financial losses or even bankruptcy.

    Some examples of monetary damages where a company might be liable include:

    • Breach of agreed upon parameters or contracts
    • Performance perceived to be under par
    • Lack of due diligence
    • Alleged dishonest acts of employees
    • Failure of internal risk controls

    This coverage differs from comprehensive general liability insurance because it protects your company from claims due to economic damages or money loss. E&O insurance doesn't require tangible physical damage to make a claim. In fact, most policies deny coverage for claims due to injuries or property damage. What's more, a well-written E&O policy will complement your liability insurance by filling a material gap in coverage.

    Should Your Business Have Errors & Omissions Insurance?

    Many companies and businesses need E&O insurance coverage. Examples of some of these services include:

    • Accountants
    • Architects
    • Auction house appraisers
    • Cable or satellite providers
    • Consultants
    • Financial advisors
    • Financial planners
    • Insurance agents
    • Insurance brokers
    • Insurance underwriters
    • Internet providers
    • Investment advisors
    • Lawyers
    • Mechanical engineers
    • Private equity companies
    • Real estate agents
    • Real estate appraisers
    • Securities brokers
    • Server hosting companies
    • Software designers
    • Venture capitalists
    • Web hosting companies

    Some industries are more at risk for professional liability, so they may find E&O insurance more expensive or less favorable in its terms, such as financial services, insurance services, and information technology, not responsible for errors or omissions. Also, some regulatory organizations, such as the Financial Industry Regulatory Authority (FINRA) might require a company to have E&O insurance.

    What Is Covered by Errors & Omissions Insurance?

    Many insurance providers customize their E&O policies to meet the needs of the business. This allows them to define specific protections for the professional services the business offers.

    Depending on the policy and issuing insurance company, the benefits of your E&O statement will vary. In general, this insurance usually covers judgments, defense costs, and settlements up to a specified amount. Many policies also help companies with legal costs due to any formal regulatory or administrative proceedings in connection with these claims.

    Of course, E&O insurance doesn't cover all liabilities. Some examples include:

    • Acts performed by temporary employees
    • Bodily injury or property damage
    • ERISA violations
    • Illegal acts committed that violate any state regulation or law
    • Illegally gained company or personal profits
    • Intentional wrongdoing or harm, including fraudulent or criminal acts or omissions
    • Liability assumed under a contract

    If you need help with errors and omissions statements, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

    Disclaimer

    1. General

    This General Terms and Conditions (hereinafter the "GTC") govern the exchange edb error 1022 relationship (hereinafter the "Agreement") between you (hereinafter the "User") and AO Foundation, Clavadelerstrasse 8, 7270 Davos, Switzerland (hereinafter "the AO", together the "Parties") concerning the websites www.aofoundation.org, www.aotrauma.org, www.aospine.org, www.aocmf.org, www.aovet.org, www.aorecon.org, www.myao.app, surgeryreference.aofoundation.org (hereinafter the "Sites").

    By using the Application and its Services, the Sites, not responsible for errors or omissions, or upon clicking of the acceptance icon indicated on the Sites, the User confirms to have read these GTC and agrees to be bound by these GTC.

    These GTC are available on the Sites. The User has the possibility to download a PDF file of these GTC which can be printed out and saved at any time. 

    2. No advice

    The Sites are not designed for laypersons. The products, procedures, therapies, etc, described on the Sites are only to be applied in environments specially designed and by medical professionals specially certified and trained for such procedures.

    The information provided on the Sites is for educational and research purposes only and does not give professional advice or recommend particular products, procedures or therapies, etc. The information contained in the Sites is not intended to present the only or necessarily the best products, procedures, or therapies, etc. 

    No suggested test or procedure should be carried out unless, in the User's professional judgment, not responsible for errors or omissions, its risk is justified. Whoever applies products, procedures and therapies, etc, shown or described on the Sites does so at her/his own risk and is responsible for their compliance with all local laws, regulations, and medical practice applicable. Because of rapid advances in the medical sciences, the AO recommends that independent verification of diagnosis, therapies, drugs, dosages, and operation methods should be made before any action is taken.
    All information contained in the Sites is only intended for preparing medical procedures and not as an aid while carrying out medical procedures.

    Individuals with any type of medical condition are not responsible for errors or omissions cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users of the Sites should always consult their physician or other qualified health-care professional.

    3. License to Services

    Subject to your compliance with these Terms, we grant you a nonexclusive and nontransferable license upon and limited to necessity to download and install one (1) copy of the Application to your mobile device, and to access and use the Services, solely for your own personal use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Application or the Services; (iv) make the functionality of the Application or the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

    4. Third-Party Materials and agreements

    You may be able to access, review, display or use third-party services, resources, content or information (“Third-Party Materials”) via the Services. By using the Application to find material on the internet, you instruct the AO to present portions of the selected data sources. You acknowledge sole responsibility for and assume all risk arising from your access to, use of, or reliance upon any such Third-Party Materials, and the AO disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third-Party Materials or user content via the Application. You acknowledge and agree that the AO: (a) is not responsible for the availability or accuracy of such Third-Party Materials or the products or services on or available from such Third-Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third-Party Materials; and (c) does not make any promises to remove Third-Party Materials from being accessed through the Services. Your ability to access or link to Third-Party Materials or third-party services does not imply any endorsement by the AO of Third-Party Materials or any such third-party services. These Terms of Use do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third-Party Materials excpt as expressly permitted by the Application as authorized by the AO, and the owners of such Third-Party Materials may have the right to seek damages against you for any unauthorized use of their Third-Party Materials.

    5. No warranty

    The Sites and the Services connected therewith are provided on an “as is,” “with all faults,” and “as available” basis and the entire risk as to satisfactory quality, performance, accuracy and efforts is with the User. The Stop error 0x7b does not make any representations or warranties, express of implied, under the agreement, not responsible for errors or omissions. Any and all representations and warranties of the AO under or in connection with the agreement are excluded to the extent legally possible, including but not limited to divx code 8192 error of warranties:

    • Of merchantability, fitness for a particular purpose, workmanlike effort, error free access to the sites or use thereof;

    • Regarding any data and/or information provided or made available by the AO or a User on the sites or on any external websites linked to the sites including but not limited to information being of satisfactory quality, adequacy, accuracy, timeliness, completeness, not responsible for errors or omissions, compliance with local laws as well as the regulations and medical practice thereof; and

    • Of uninterrupted or error-free access or use of the sites.

    The Sites do not, and in no way constitute or imply the endorsement, recommendation, or appropriate of an advice. The AO does not screen nor in any other way examine the information uploaded by its users on the Sites but simply provides the platform.

    Any graphic or pictorial materials appearing on the sites are digitized reproductions which, though viewable, are not of diagnostic quality and are not designed nor intended to become a permanent part of any patient’s medical record.

    The User represents and warrants that (i) the User has all necessary power and authorization to accept the GTC; (ii) these GTC are legal, valid, binding and enforceable against the user; (iii) the User’s acceptance of these GTC will not violate any law, rule, regulation or order, or any agreement, binding the User; (iv) and the User will observe all applicable laws and provisions of these GTC.

    6. No liability

    TO THE FULL EXTENT PERMISSIBLE BY LAW, THE AO DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, FINANCIAL LOSS, DAMAGES FOR LOSS IN BUSINESS PROJECTS, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE SITES OR ANY MATERIAL APPEARING ON THE SITES, OR FROM ANY ACTION OR DECISION TAKEN AS A RESULT OF USING THE SITES OR ANY SUCH MATERIAL OR ANY OTHER ACT OR OMISSION IN CONNECTION WITH THE SITES.

    7. Membership and fees

    The conditions for memberships, the applicable fees and the payment conditions are set forth on the Site. The respective provisions shall be integral part of this agreement.

    The AO or not responsible for errors or omissions respective AO specialty is entitled to terminate the membership of the User, if any, with immediate effect for reasonable cause. In such a case, the AO shall not be obliged to refund any monies paid to the AO or an AO specialty by the User.

    If the User does not accept the termination, she or he has to inform the AO within 20 days of the termination of the AO or the respective AO specialty in writing. In such a case, the AO Foundation Board (AOFB) shall decide about the effectiveness of the termination within reasonable time, not responsible for errors or omissions. The decision of the AOFB shall be final and binding.

    The usage of the Sites by the AO and the Services of the AO under the agreement connected therewith by the AO are free of charge, unless otherwise indicated on the Sites.

    The AO reserves danfoss aqua drive, error 413 right to charge for the usage of parts of the Sites and the Services under the agreement at any time subject to a respective modification of the agreement according to Article 14 below.

    8. Intellectual property rights

    Unless otherwise stated in this agreement, any and all intellectual property rights (including, but not limited to copyrights) in all data, information and material uploaded by the User (hereinafter the "User Material") is—subject to Article 7 below—owned by User.

    Prints or download extracts from the data, information or material of the Sites (hereinafter the "AO Material") as well as any other reproduction thereof are permitted for educational and research purposes or personal use only. None of the AO Material may be used for any commercial purpose by the User. Particularly, the User may not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise exploit or make available to any third party the AO Material in any way.

    No AO Material may be reproduced, stored in or transmitted on any other websites (including intranet sites) by the User nor is the User permitted to create any derivative works based on AO Material without written permission of the AO. 

    Some names, instruments, treatments, logos, designs, etc, referred to on the Sites are protected by patents, trademarks, or other intellectual property rights even though specific reference to this fact is not made on the Sites. Therefore, the appearance of a name, instrument, etc, not responsible for errors or omissions, without designation as proprietary is not to be construed as a representation by the AO that it is in the public domain.

    9. User data license

    In the course of visiting the Sites, the User may upload User Material. As between the Parties, the User shall remain the sole owner of all User Material, provided however that the User hereby grants to the AO a worldwide, eternal, unlimited, non-revocable, and non-redeemable license to use, copy, distribute, display, disclose, and perform such User Material or parts of the User Material, to create derivative works thereof, and to sublicense such rights for any and all purposes. The User shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all User Material, and the AO shall not be responsible or liable for the deletion, accuracy, correction, not responsible for errors or omissions, disclosure, destruction, damage, loss or failure to store any User Material. For the avoidance of any doubt, the license granted by the User to the AO shall remain valid even if this agreement is terminated for whatever reason.

    Any User Material shall be depersonalized by the User before submitted to the AO (ie, the User must ensure that User Material does not qualify as personal data in the sense of Art. 3 let. a of the Swiss Act on Data Protection when submitted to the AO). The User acknowledges that he/she has the sole responsibility that any and all User Material is fully depersonalized.

    The User Material has to comply with all relevant laws and regulations as well as ethical and medical standards and may not (i) have an illegal, harmful, or harassing content or invade another's privacy, (ii) infringe rights of a third party, including any intellectual property rights, or (iii) contain viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

    If the AO exploits the User Material, it will name the respective User to the extent reasonably possible. The AO is, however, not obliged to pay to the User a royalty or other financial compensation for such exploitation.

    10. Data protection

    The AO shall comply with all applicable legal provisions regarding data protection. In particular, the AO shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on the use of the Users' personal data by the AO are set forth in the Data Protection Policy of the AO which is accessible on the website of the AO.

    11. Advertising material

    Advertisers, if any, are responsible for ensuring that the User Material submitted for inclusion on the Sites complies with all relevant laws and regulations as not responsible for errors or omissions as ethical and medical standards. The AO will not take responsibility for any error, omission or inaccuracy in advertising material. Appearance on the Sites does not constitute a guarantee or endorsement of the quality or value of a product or of the allegations made by the manufacturers.

    12. Infringement and indemnification

    If the User does not comply with these GTC, AO has the right to prevent the User from visiting the Sites and using the Services connected therewith, and AO reserves the right to any legal action the AO thinks is appropriate.

    If, based on a written agreement between the User and the AO, the User is entitled to provide access the Sites to third persons, the User represents that all such third persons using the Sites are contractually bound by these terms, conditions and disclaimers as well.

    The User agrees to indemnify, defend and hold harmless the AO, to the fullest extent permitted by law, against any cause of action, all liabilities, not responsible for errors or omissions, losses, costs or expenses (including reasonable fees and expenses of legal counsel) with respect to any claim by third parties arising out of the User's failure to perform its obligations under the agreement.

    13. No not responsible for errors or omissions to visit the Sites and modification of the Sites

    Unless expressly stated in this or another written agreement between the Parties, the AO has no legal duty to the User, and may at any time and without giving grounds prevent the User from visiting the Sites and using the Services connected therewith.

    The AO is entitled without prior notice to the User in its free discretion

    • To shut down the Sites temporarily or permanently at any time
    • To remove any and all content on the Sites 
    • To modify the Sites and the Services connected therewith

    14. Termination of the agreement

    Each Party may terminate this agreement with immediate effect by email at any time.

    Upon termination of the agreement, the User shall not have access to the Site anymore without restriction. The user data license according to Article 7 above shall under no circumstances be terminated due to the termination of this agreement.

    15. Force majeure

    No Party shall be liable to the other if performance of any of its obligations hereunder is prevented, hindered, or delayed by the occurrence of circumstances beyond its control, which circumstances shall include, but shall not be limited to, any act of God, act of any government or other statutory undertaking, industrial dispute beyond the area of control of such Party, fire, explosion, accident and power failure, always provided (i) they constitute a force majeure event (ie, are beyond the control of the Party invoking it, and (ii) they are not the result of the failure of such Party to perform any of its obligations under the agreement.

    Following the occurrence of any such event the Party thereby affected shall notify the other Party in due time of such occurrence and such Party shall use its reasonable endeavors to overcome or to minimize the adverse effects thereof.

    Performance of the affected and related obligations shall be postponed for a period equal to the time lost by reason of the delay. If as a result of force majeure a Party is rendered definitely unable to perform, or if the period of force majeure has lasted longer than three months or as soon as it is reasonably clear that it will last longer than three months, the other Party may, with immediate effect, terminate the agreement in writing.

    16. Modification of the agreement

    The AO reserves the right to modify the agreement at any time, without giving reasons. If the User does not object to the applicability of the revised agreement within 20 days after receipt of said notice, the modified agreement shall be deemed to be accepted by the User. If the User does not agree to any change in the GTC, the agreement shall be terminated automatically.

    17. Payment rules

    For international payments, the recipient and the payer each bear the costs charged by their not responsible for errors or omissions bank (fee regulation SHA).

    The recipient of the payment accepts that the payer is not able to control the correct processing of the payment instructions.

    The recipient of the payment further accepts that the payer is not obliged to bear any costs charged by the bank of the recipient, even if these costs might reduce the amount of the payment credited to the account of the recipient.

    18. Evaluation criteria and selection for AO events

    If no other evaluation criteria are expressly defined and stated, evaluation is done in general first come, first serve. This means that the applicants are considered according to the sequence their registration and payments arrived in the AO.

    No correspondence concerning the evaluation criteria and the selection will be hold and legal action is ruled out.

    19. Recording at AO events

    The AO reserves the right to film, photograph and audio record during its events. Participants must understand that in this context they may appear in these recorded materials. The AO assumes participants agree that these recorded materials may be used for the AO’s marketing and other purposes, and that they may be made available to the public.

    20. Miscellaneous

    The User shall not assign any rights and obligations under this agreement without the AO's prior written not responsible for errors or omissions agreement constitutes the entire agreement between the Parties with respect to the subject matter of the Agreement. 

    Failure or neglect by the AO to enforce any of the provisions of this agreement shall not be construed or deemed to be a waiver of the AO's rights nor shall this affect the validity of the whole or any part of this agreement, nor prejudice the AO's rights to take subsequent action. 

    The Parties are and remain independent parties. It is not the Parties’ intent to create and this agreement does not create the formation of a partnership, joint venture or similar relationship between the Parties.

    Should any provision of this agreement be invalid or unenforceable, the remaining provisions shall be valid. In the place of an invalid provision, a valid provision is presumed to be agreed upon by the Parties, which comes economically closest to the one actually agreed upon.

    This agreement is solely governed by substantive Swiss law, regardless of where the person visiting one or several Sites resides or where this person made his submission, posting, transaction or connection with one or several Sites.

    All disputes arising out of this agreement or in connection with this agreement shall be solely and finally settled by a court of arbitration consisting of one arbitrator in accordance with the Swiss Rules of International Arbitration of the Swiss Chamber of Commerce. The place of arbitration shall be Zurich. The court of arbitration shall conduct the proceedings and all awards shall be rendered in the English language.

    Responsibility for Errors and Omissions Sample Clauses

  • Technology Errors and Omissions The Contractor shall maintain during the term of the Contract Technology Errors and Omissions Insurance for claims for damages arising from computer related services including, but not limited to, the following: consulting, data processing, programming, system integration, software development, installation, distribution or maintenance, systems analysis or design, training, staffing or other support services, any electronic equipment, computer software developed, manufactured, distributed, licensed, marketed or sold. If the policy is written on a claims made basis, not responsible for errors or omissions, Contractor must provide to OGS proof that the policy provides the option to purchase an Extended Reporting Period (“tail coverage”) providing coverage for no less than one (1) year after work is completed in the event that coverage is cancelled or not renewed. This requirement applies to both primary and excess liability policies, as applicable.

  • Errors and Omissions All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as project manager and key personnel attached hereto, prior to submission to the County. Contractor agrees that County review is discretionary and Contractor shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Contractor’s reports, not responsible for errors or omissions, files and other written documents, the reports, not responsible for errors or omissions, files or documents will be returned to Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after County approval thereof, County approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or documents will be returned to Contractor for correction.

  • Liability for Acts and Omissions As between any Loan Party and the Issuing Lender, or the Issuing Lender’s Affiliates, such Loan Party assumes all risks of the acts and omissions of, or misuse of the Letters of Credit by, the respective beneficiaries of such Letters of Credit. Nothing in the preceding sentence shall relieve the Issuing Lender internal consistency error liability for the Issuing Lender’s gross negligence or willful misconduct in connection with actions or omissions described in such clauses (i) through (viii) of such not responsible for errors or omissions. In no event shall the Issuing Lender or its Affiliates be liable to any Loan Party for any indirect, consequential, incidental, punitive, exemplary or special damages or expenses (including without limitation attorneys’ fees), or for any damages resulting from any change in the value of any property relating to a Letter of Credit. In furtherance and extension and not in limitation of the specific provisions set forth above, any action taken not responsible for errors or omissions omitted by the Issuing Lender or its Affiliates under or in connection with the Letters of Not responsible for errors or omissions issued by it or any documents and certificates delivered thereunder, if taken or omitted in good faith, shall not put the Issuing Lender or its Affiliates under any resulting liability to the Borrower or any Lender.

  • Professional Liability (Errors and Omissions) Insurance covering Contractor's liability arising from or related to this Contract, with limits of not less than $1 million per claim and $2 million aggregate. Further, Contractor understands and agrees it shall maintain such coverage for a period of not less than three (3) years following this Agreement's expiration, termination or cancellation.

  • Maintenance of Insurance Policies and Errors and Omissions and Fidelity Coverage

  • Maintenance of Insurance and Errors and Omissions and Fidelity Coverage (a) The Servicer, consistent with Accepted Servicing Practices and the Mortgage Loan Documents, shall use efforts consistent with Accepted Servicing Practices to cause to be maintained by the Borrower (or if the Borrower fails to maintain such insurance in accordance with the Mortgage Loan Documents, the Servicer shall cause to be maintained to the extent such insurance is available at commercially reasonable rates, and to the extent the Trustee, as mortgagee, has an insurable interest) insurance with respect to the Property of the types and in the amounts required to be maintained by the Borrower under the Mortgage Loan Documents and to monitor the Borrower’s compliance with such insurance requirements. The cost of any such insurance maintained by the Servicer shall be advanced by the Servicer, as a Property Protection Advance unless it would be a Nonrecoverable Advance. Neither the Servicer nor the Special Servicer shall be required to maintain, and shall not cause the Borrower to be in default with respect to the failure of the Borrower to obtain, all-risk casualty insurance which does not contain any carve-out for terrorist or similar acts, if and only if the Special Servicer has (and, prior to the occurrence and continuance of a Control Event, with the consent of the Directing Certificateholder) determined, on an annual basis, not responsible for errors or omissions, that such failure is an Acceptable Insurance Default. Neither the Servicer nor the Special Servicer shall be required to obtain terrorism insurance pursuant to this Agreement to the extent the Borrower would not be obligated to maintain terrorism insurance under the Mortgage Loan Documents as in effect on the date thereof.

  • ERRORS AND OMISSIONS RELATED TO DATA 11.1.0 Board errors and retroactive adjustments shall be the responsibility of the Board.

  • Correction of Errors and Omissions; Other Liabilities (a) In the event any bookkeeping omissions or errors are discovered in preparing any pro forma statement or in completing the transfers and assumptions contemplated hereby, the parties hereto agree to correct such errors and omissions, it being understood that, as far as practicable, all adjustments will be made consistent with the judgments, methods, policies or accounting principles utilized by the Failed Bank in preparing and maintaining Accounting Records, except that adjustments made pursuant to this Section 8.2(a) are not intended to bring the Accounting Records of the Failed Bank into accordance with generally accepted accounting principles.

  • Responsibility for Damage Resident is solely responsible for any damage, defacement or loss within the assigned bedroom space. All assigned residents of an apartment are jointly and severally responsible for any damage, defacement or loss to common areas, other parts of the facility, fixtures or appliances, except for the portion of damages over $100,000 where it is finally established that Resident or one or more other residents of the apartment were solely at fault for the entire loss, in which case such person(s) will be solely responsible. Resident is fully responsible for the conduct of Resident’s guests, visitors, licensees and invitees (“Guests”), including without limitation harm to individuals or damage or defacement of any part of the Property or its fixtures or property of third parties (including other residents) by such Guests.

  • Professional Liability (Errors and Omissions) Insurance Limits shall not be less than the following:

  • Disclaimer statement

    The statements below apply to any content such as pages, documents, videos, images, sound files not responsible for errors or omissions computer code (the 'Material') created by the NSW Department of Industry ('the department') for its websites.

    NSW Department of Industry disclaims, not responsible for errors or omissions, to the extent permitted by law, all warranties, representations or endorsements, express or implied, with regard to the material including but not limited to, all implied warranties of merchantability, not responsible for errors or omissions, fitness for a particular purpose, or non-infringement.

    NSW Department of Industry further does not warrant or accept any liability in relation to the quality, operability or accuracy of the material.

    The material is made available on the understanding that NSW Department of Industry, the State of New South Wales and its employees and agents will have no liability (including but not limited to liability by reason of negligence) to the users of the website for any loss, damage, cost or expense whether direct, indirect consequential or special, incurred by, or arising by reason of, any person using or relying on the material and whether caused by reason of any error, omission or misrepresentation in the material or otherwise. Users of the website will be responsible for making their own assessment of the material and should verify all relevant representations, statements and information with their own professional advisers.

    Furthermore, whilst the material is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact upon the accuracy of the material. The material may change without notice and NSW Department of Industry, the State of New South Wales is not in any way liable for the accuracy of any information printed and stored by a user. Changes are periodically added to the Material and the department may make improvements and/or changes in the material and/or the website at anytime.

    NSW Department of Industry takes no responsibility for the accuracy, currency, reliability and correctness of any information included in the material provided by third parties nor for the accuracy, currency, not responsible for errors or omissions and correctness of links or references to information sources (including Internet sites) outside of the department.

    Links to other websites

    In addition to the material, the website provides links to and from other Internet sites. These external information sources are outside the control of the department and it is therefore the responsibility of the Internet users to make their own decisions about the accuracy, reliability and correctness of information found on those external Internet links.

    NSW Department of Industry:

    • does not represent that the material appearing on linked sites is complete, accurate or up-to-date;
    • does not necessarily endorse that material;
    • does not accept responsibility or liability for any loss, damage, cost or expense that you might incur as a result of using or relying on that material;
    • does not guarantee that any of the linked sites will be available at any particular time.

    The search engines provided on this website are to assist Internet users to locate resources more quickly. However, the department takes no responsibility for the accuracy, currency, reliability and correctness of its search facilities, and does not warrant or represent that the search facilities are free from errors or omission, or that they are exhaustive.

    The internet is not a secure medium and communications to and from the website may be intercepted or altered in transit. The department does not warrant or represent that this website or any linked sites, are free from anything which may damage any computer used to access the site.

    Copyright

    NSW Department of Industry encourages the availability, dissemination and exchange of public information. Read more about copyright and when you need to obtain permission to republish information produced by the department.

    Page link: https://www.industry.nsw.gov.au/disclaimer

    watch the video

    EMERGENCY #ABT 100X Smallcap #dot #atom investors MUST WATCH THIS VIDEO #ARCBLOCK #xrp

    Not responsible for errors or omissions - necessary

    10 Disclaimer Examples

    Owning a business comes with risk, but you want to limit unnecessary risk wherever possible. A disclaimer is a simple statement that may dramatically impact your legal liability. Including one on your website footer, products, or client agreements can go a long way toward protecting your business. Here’s a guide to these statements.



    What is a Disclaimer Statement?

    A disclaimer is a statement that specifies or places limits on a business or individual’s legal liability. For example, a company’s disclaimer statement may state that they cannot be held responsible if their products or services are used without following instructions in the owner’s manual. They can also be used to limit an individual’s liability when sharing tips or opinions. Some disclaimers are required by law, while others are just a good idea to prevent lawsuits or disputes. You can also create a funny email disclaimer if you don’t want to take yourself seriously.

    How do I Write a Disclaimer?

    Disclaimers should be clear, concise, and general. So they should be easy to write. Just specify the limits of your professional responsibility or liability. You can also use a disclaimer generator tool or template to start. Then input your specific information to make it applicable to your business.

    Types of Disclaimer

    There are several types of disclaimers that are applicable to various individuals and businesses. When crafting your own, it helps to be specific in your searches. For example, search “trigger warning disclaimer examples,” “email disclaimer examples,” “product disclaimer examples,” or “views expressed disclaimer examples” instead of browsing through tons of generic templates.

    Here are some of the most common types of disclaimers:

    • Responsibility disclaimer
    • Fair use disclaimer
    • Past performance disclaimer
    • Copyright disclaimer
    • Warranty disclaimer
    • Risk disclaimer
    • Medical disclaimer
    • Errors or omissions disclaimer

    10 Disclaimer Statement Examples

    The type of disclaimer you include on your website or other materials depends on your business and the type of liability you want to avoid. Here are some types of common disclaimers.

    1. Testimonial Disclaimer

    A testimonial disclaimer specifies that the experiences or results shared in a testimonial are not guaranteed. A disclaimer protects the business from unhappy clients who may believe they were promised certain results.

    image: financialmentor
    This disclaimer page from FinancialMentor.com outlines how testimonials are collected. And it specifies that the stories only express the views and experiences of each writer. So their stories may not be the norm.

    2. Affiliate Disclaimer

    An affiliate disclaimer lets anyone using your website know that you may share links from affiliate companies. A disclaimer lets customers know that you earn a commission from these sales, allowing them to make informed buying decisions.

    image: smartpassiveincome
    This example comes from Smart Passive Income. The founder outlines what companies he has this relationship with and specifies why he works with those brands.

    3. Trademark Disclaimer

    Including trademarked product or brand names on your website or marketing materials may be misleading. A trademark disclaimer specifies that you are not affiliated with these other brands.

    image: deimelguitarworks
    This example comes from a guitar dealer that offers products from popular brands. It specifies the relationship and protects them from being accused of mis-associating any copyrighted work.

    4. Copyright Disclaimer

    A copyright disclaimer states that certain elements of a business, website, or other materials are protected by copyright. This may include things like photos or text within a website or app. It may also lay out how others can and cannot use these materials.

    Copyright Disclaimer

    image: picscheme
    This example comes from a pharmaceutical inspection company. This is actually just one section of their disclaimer page. But it lays out exactly what is protected on their site and other materials.

    5. Views Expressed Disclaimer

    A views expressed disclaimer is often used when an individual or group shares opinions within a forum associated with a business. Many organizations require or encourage employees to use these disclaimers when sharing views online.

    image: wto
    This example comes from a publication released by the World Trade Organization. The authors shared views that may not represent those of all members. So it protects the organization and allows them to keep a professional relationship with other members.

    6. Warranty Disclaimer

    Warranty disclaimers state that a product or service, or any information provided by a company, is not protected by warranty.

    image: fraserhealth
    This healthcare company includes a disclaimer that states its website and other materials are provided as-is. So the information contained does not promise compensation or supplementary materials if certain results are not achieved.

    7. Fair Use Disclaimer

    U.S. law allows some copyrighted material to be used without permission if it is for education, criticism, or commentary. This type of disclaimer states your use of this material and specifies that you don’t have direct permission from the copyright owner.

    image: criticalmediaproject
    This site includes commentary about various media. So the disclaimer protects them from claiming direct copyright over the material they share.

    8. Errors and Omissions Disclaimer

    Those who share professional advice online may be vulnerable to errors and omissions lawsuits. These are especially common with things like legal advice or investment advice. These disclaimer types limit your liability if someone suffers damages due to your guidance.

    image: maloneynovotny
    This law firm example states they don’t guarantee results based on information included in their website.

    9. Past Performance Disclaimer

    If you share successes on your website, some could construe that as a guarantee. This disclaimer of liability states that you cannot guarantee those results.

    image: etf
    This investing firm includes a disclaimer to protect them from lawsuits stating they promised any future results.

    10. Legal Disclaimer

    Sharing legal advice online can open you up to lawsuits. This disclaimer states that your content is for general informational purposes so you cannot be held responsible.

    image: americanbar
    This is part of a standard example from the American Bar Association.

    Disclaimer Template

    Every disclaimer type should include specific information related to the business. But a template can help you get started. Here’s a general outline you can fill in.

    The information on this website is for general informational purposes only. [Business name] makes no representation or warranty, express or implied. Your use of the site is solely at your own risk. This sitee may contain links to third party content, which we do not warrant, endorse, or assume liability for.

    Do I need a disclaimer?

    Most businesses and websites can benefit from a disclaimer. They are especially useful if you include any copyrighted material or share professional advice or personal views.

    Where do I put my disclaimer?

    For a disclaimer to be legally viable, it must be visible to users. Many businesses put them in their website footer, a separate page, product pages, or in their terms and conditions agreement.

    Image: Depositphotos


    More in: Marketing 101

    Disclaimer Examples

    Disclaimers help companies protect themselves against legal claims by addressing liabilities specific to their operations.

    Although businesses, websites, and apps in all industries can benefit from the legal protection a disclaimer statement offers, they’re especially useful for platforms that manage:

    • Affiliate relationships
    • Customer testimonials
    • Legal advice
    • Medical advice
    • Financial advice
    • Giveaways
    • Email newsletters
    • Sponsored posts
    • Entertainment
    • Offensive content/material

    If you’re ready to download and customize a disclaimer, check out our disclaimer template or let us do the work for you with our free disclaimer generator.

    To help you choose what to include in your statement, let’s look at some common disclaimer statement examples, and how they can benefit your business.

    Table of Contents
    1. Copyright Disclaimer
    2. Fair Use Disclaimer
    3. Confidentiality Disclaimer (for Emails)
    4. Warranty Disclaimer
    5. No-responsibility Disclaimer
    6. Views Expressed Disclaimer
    7. Investment Disclaimer
    8. No Guarantee Disclaimer
    9. Disclaimer Statement Examples: Summary
    10. Disclaimer FAQs

    You can use our free disclaimer generator to create and customize disclaimers in this article.

    1. Copyright Disclaimer

    A copyright disclaimer protects original content against user theft. It explains that you own your website and everything on it — and that there are legal repercussions for using your work without permission.

    Copyright is a form of protection offered by US law for “original works of authorship.” An original work is defined by the US Copyright Office as:

    independently created by a human author and possesses at least some minimal degree of creativity. 

    Copyright examples include any creative work that comes in a tangible form. As soon as a work is created and becomes reproducible, copyright protection automatically applies.

    A detailed copyright disclaimer is therefore not legally required, but acts as a strong deterrent against copyright infringement. It shows that you are aware of the law and will defend your claim.

    Your business’s copyright claim can be detailed in your terms and conditions under intellectual property rights:

    An example of intellectual property rights disclaimer clause

    This example disclaimer clause allows you to lay claim to your site’s creative assets. However, notifying users of your copyright as soon as they access your site is also important.

    One effective way to do this is to place a copyright notice in your site’s footer. It should comprise three parts:

    • The copyright symbol
    • The year of publication
    • The name of the copyright owner

    Here’s how a copyright notice looks on Instagram’s homepage:

    An example copyright notice/disclaimer in Instagram's homepage footer

    By proving that users were made aware of your copyright as soon as they access your site, you will have a stronger case if a dispute goes to court. Follow Instagram’s example, and put a copyright notice in your site footer.

    The NFL’s terms and conditions includes a detailed copyright disclaimer:

    Copyright disclaimer example in the NFL's terms of service

    It states that the NFL owns all the content provided through its services, and that users have no license to copy, modify, or distribute it.

    Use a copyright disclaimer to establish ownership of original content, and prevent users from benefiting commercially from your hard work.

    Generate a Free Customized Disclaimer Using Termly

    Here’s how you can use Termly’s generator to create a custom and legally compliant disclaimer for your needs.

    Step 1: Go to Termly’s disclaimer generator.

    Step 2: Answer a few simple prompts and questions, and go through all of the steps until you reach “Final Details.”

    disclaimer-examples-snippet-screenshot

    Step 3: Once you’ve filled in everything and you are satisfied with the preview, click “Publish.” You will then be prompted to create an account on Termly so you can save and edit your legal disclaimer further.

    2. Fair Use Disclaimer

    If your site or app uses content from other sources, you need to include a fair use disclaimer to prevent your business from being accused of copyright infringement.

    Under the principle of fair use, copyrighted works can be used in certain circumstances without the permission of the copyright owner.

    According to Section 107 of the Copyright Act:

    the fair use of a copyrighted work […] for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

    To protect your business from copyright infringement claims, follow these steps:

    1. State that your site may contain content not authorized for use by its owner
    2. Explain how your use of this material falls under the guidelines of fair use (e.g., comment)
    3. Link to Section 107 of the Copyright Act

    Here’s an example of a fair use–copyright disclaimer from a YouTube video that meets these requirements:

    Fair use disclaimer example on a YouTube video

    You can defend your use of original content with similar disclaimer language, based on the category of fair use you are using copyrighted work under, and any applicable licences.

    To present its fair use guidelines, YouTube includes a link to a copyright resource in its site footer:

    Copyright highlighted in YouTube's site footer

    In these guidelines, YouTube includes a copyright and fair use disclaimer explaining that it receives a lot of takedown requests under copyright law, and that it strives to protect creators.

    While we can’t offer a legal defense to everyone, we’ll remain vigilant about takedown notices impacting all creators.

    If your website or app relies on content created by others, you can learn from YouTube’s open and accessible approach to fair use to build trust with your users.

    YouTube content creators and businesses that target children under 13 need to comply with the Children’s Online Privacy Protection Act (COPPA).

    Be sure to try our free disclaimer generator to customize a free disclaimer for any of your needs.

    3. Confidentiality Disclaimer (for Emails)

    Confidentiality disclaimers explain that some content is only intended to be seen by a certain audience — for example, private information in an email.

    Digital communication offers more opportunities for confidential information to be exposed or intercepted. A confidentiality disclaimer states who the message is for, why the recipient should not forward it to others, and who they should contact if they receive the message by mistake.

    Email hosting company Zoho offers a sample confidentiality disclaimer, which can be included in an email signature:

    This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. You cannot use or forward any attachments in the email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. Company X, Suite# 1, Street, City, Country, www.company.com

    Confidentiality disclaimers are commonly used in law, education, and healthcare — industries that rely on the transfer of sensitive information. For example, they’re useful in situations where a business needs to ensure attorney–client privilege, safeguard sensitive personal data, or protect private health records.

    If you send emails containing protected health information to US medical patients, a confidentiality disclaimer is required in order to comply with the Health Insurance Portability and Accountability Act (HIPAA).

    Here’s an example of a HIPAA email disclaimer from the University of Miami:

    HIPAA confidentiality/email disclaimer.

    Standard disclaimer text like this can help meet HIPAA’s list of precautions for emails.

    If your business sends certain confidential information by email, add a confidentiality disclaimer to all electronic communications to comply with the law, or just to ensure your messages are only seen by the intended audience.

    Take a holistic approach to your legal policies by customizing a terms of service template to complement and reinforce your disclaimer.

    4. Warranty Disclaimer

    Warranty disclaimers explain that sellers and service providers are not bound by any implied promises about their products in the event of failures or defects.

    These statements vary depending on the nature of your business, but typically explain that a product or service is offered “as is” — implying that the customer or user accepts it in its current condition, including any unseen faults.

    For websites and apps, warranty disclaimers state that the company makes no promises about the accuracy and reliability of the content it publishes. Here’s an example:

    Example warranty disclaimer clause from Termly

    As seen above, this standard disclaimer wording allows you to avoid responsibility for any mistakes, errors, or omissions that occur. This prevents users from taking legal action against your business because of a simple mistake.

    Tumblr’s terms of service provide a good example of a warranty disclaimer:

    Tumblr's "as is" warranty disclaimer

    The disclaimer tells users that the service is provided on an “as is” and “as available” basis, and that by using it, visitors accept that it may contain defects or not meet their expectations.

    Take, for example, Amazon’s disclaimer of warranties. The world’s largest retailer has a suitably comprehensive statement that applies to both its services and its products:

    Amazon's disclaimer of warranties

    All sites and apps are subject to unforeseen technical issues, and warranty disclaimers like these two examples limit your liability for problems outside of your control, such as viruses and downtime.

    5. No-responsibility Disclaimer

    No-responsibility disclaimers explain to users that your business will not be held responsible for any damages they suffer as a result of using your products or services.

    Because these agreements limit your liability, they are also often referred to online as “no liability” disclaimers.

    No-responsibility disclaimers address both tangible and intangible damages — for example, physical harm caused by using a product, loss of profits or loss of data, and defamatory comments.

    Our free disclaimer generator will create a custom disclaimer for you automatically!

    Twitter’s terms of service includes a particularly detailed limitation of liability disclaimer:

    Twitter's limitation of liability disclaimer

    This disclaimer explains that Twitter will not be held responsible for the content its users choose to share, which may be offensive to others.

    The Information Commissioner’s Office (ICO), which enforces global privacy laws such as the General Data Protection Regulation (GDPR) in the UK, also has a disclaimer on its site:

    The UK ICO's disclaimer

    As the ICO website discusses privacy law compliance, it must inform users that the information it provides is not legal advice, and that the external website links it provides are only for reference.

    It’s critical to limit your business’s liability for all aspects of your operations — even for small things like linking to other websites.

    If, like the ICO, you advise on issues like GDPR compliance, include no-responsibility clauses in your disclaimer.

    6. Views Expressed Disclaimer

    Views expressed disclaimers state that the views and opinions stated on a site or platform by contributors are not the same as those of the business.

    This type of disclaimer is vital if your site allows contributions from others, or provides a platform for users and guests to leave comments. It explains in legal terms that the opinion of an author you publish is not the same as that of your company or organization.

    A model example of a views expressed disclaimer is the Federal Communications Commission (FCC) podcast disclaimer:

    Example views expressed disclaimer from the FCC

    The FCC’s disclaimer clearly explains to users that the podcast exists to offer guidance, not provide a strict interpretation of FCC policy.

    Fox News has a disclaimer that addresses user-generated content on its message boards and forums:

    Example views expressed disclaimer used by Fox News

    The Fox News disclaimer is a good example of how a news website can benefit from the discussion created by user-generated content, but still distance itself from the views expressed.

    If you allow contributors or users to share their opinions, either through forums or for marketing purposes, a views expressed disclaimer is a handy weapon in your legal arsenal.

    7. Investment Disclaimer

    Investment disclaimers explain that while a business may provide financial advice, it is not responsible for the consequences of acting on that advice.

    This type of disclaimer is suitable for sites that deal with all types of investments, from mutual funds to real estate.

    Citibank’s terms and conditions includes a good example of an effective bank disclaimer:

    Citibank's investment disclaimer

    It clearly states that Citibank will not be responsible for the consequences of using its investment products, such as losses associated with the risks of investing.

    An investment disclaimer like this also explains that past performance is not an indicator of future results.

    Similar financial disclaimers are found on cryptocurrency websites. CoinDesk’s terms and conditions includes the following investment disclaimer clause:

    Example investment disclaimer from CoinDesk

    Although CoinDesk provides information about investing in digital assets, its disclaimer says users should not make investments based on this information. In a turbulent industry such as cryptocurrency, it’s important for a company to fully disclaim all responsibility for decisions its users make.

    No matter how professional your services, you should not be responsible for how your users act upon them. Investment disclaimers are just one industry example of how you can protect your specific business interests.

    Legal policies don’t have to be wordy to be effective — in fact, the opposite is true. Avoid legalese and write clear policies that your users understand.

    8. No Guarantee Disclaimer

    No guarantee disclaimers state that a business makes no promises regarding the outcome of using its product or service.

    One of the best examples online is Wikipedia’s disclaimer:

    Wikipedia's no guarantee disclaimer

    This disclaimer explains that although Wikipedia has a team of editors, it has no formal peer review, and therefore cannot guarantee the validity of information contained on its site.

    It includes a separate clause stating that while it covers various topics, it does not constitute advice in that discipline:

    Example Wikipedia disclaimer clause

    If you post any type of informational content, a standard no guarantee disclaimer clause allows you to be a source of industry knowledge without any obligations to your users.

    The US Equal Employment Commission’s disclaimer is similar:

    EEOC disclaimer example clause

    Whatever type of website you operate, it’s valuable to include a no guarantee disclaimer like the one above to stop users taking advantage — for example, suing for errors.

    Use our free disclaimer generator to create any of the disclaimers mentioned in this article in minutes!

    Disclaimer Statement Examples: Summary

    Disclaimers reinforce your company’s legal defenses by specifically addressing certain liabilities that aren’t explained in your other policies.

    To recap, there are many types of disclaimers, and you need to pick one that best suits your needs. For example:

    • Copyright disclaimers help protect your original content 
    • Fair use disclaimers help you avoid copyright infringement claims
    • Confidentiality/email disclaimers help maintain the confidentiality of private information
    • Warranty disclaimers prevent you from being bound by faults and defects
    • No responsibility disclaimers limit your liability for damages
    • Views expressed disclaimers allow you to distance yourself from others’ opinions
    • Investment disclaimers state that you take no responsibility for how others act on your advice
    • No guarantee disclaimers explain the limits of your products or services

    The benefit of all disclaimers, no matter the industry, is to safeguard your business interests. If you don’t have a disclaimer, you’re potentially leaving your business vulnerable to legal trouble.

    Use our disclaimer template to get started writing your own, or create custom disclaimers in minutes using our free disclaimer generator.

    Disclaimer FAQs

    If you’re looking for more answers, here are some frequently asked questions about disclaimers:

    Do I Need a Disclaimer?

    Yes, you need a disclaimer to protect your website against legal liability. Disclaimers inform users that your site will not be held responsible for any damages suffered from using your site.

    For example, if you run a legal blog, a legal disclaimer will tell users that your content should not be taken as legal advice, and your site will not be held accountable for any legal actions the reader may take.

    Whether you run an ecommerce site, blog, app, or general website, you need a disclaimer (or multiple disclaimers) to be transparent with users and protect yourself against legal claims.

    Where Do I Put My Disclaimer?

    Put your disclaimer where users can easily find it. You can put your disclaimer or disclaimers on a separate page, then link to that page in your website menu, website footer, or impressum page if you have one.

    You should also put your disclaimers on relevant content. For example, if you promote an Amazon product in a blog post through the Amazon Affiliates program, you need to add an Amazon Affiliates disclaimer to that blog post.

    What Types of Disclaimers Are There?

    There are many types of disclaimers that address liabilities for different industries, activities, and content. The most common types of disclaimers are:

    1. Fair Use Disclaimer: A fair use disclaimer discloses that you are using copyrighted materials on your website lawfully and with the appropriate permissions.
    2. Warranty Disclaimer: Warranty disclaimers explain that sellers and service providers are not responsible for possible product or service failures.
    3. Copyright Disclaimer: A copyright disclaimer lets site visitors know that your site contains copyrighted material.
    4. No Responsibility Disclaimer: No responsibility disclaimers inform users that you are not responsible for the actions they take based on content found on your website.
    5. Confidentiality Disclaimer: Confidentiality disclaimers assure users that some content, such as contact information, is only intended to be seen by certain parties.
    6. Affiliate Disclaimer: Affiliate disclaimers disclose your participation in an affiliate program, such as Amazon Associates.
    7. YouTube Disclaimer: YouTube disclaimers are any disclaimer found in the video description of a YouTube video. Commonly, copyright disclaimers and no responsibility disclaimers double as YouTube disclaimers.
    8. Views Expressed Disclaimer: Views expressed disclaimers specify that the opinions found on your website are not the views or opinions of your business.
    9. Investment Disclaimer: An investment disclaimer informs readers that your investments commentary is information, and should not be taken as official investment advice.
    10. No Guarantee Disclaimer: No guarantee disclaimers announce that your website or business makes no promises about the results of a product or service.
    11. Use at Your Own Risk Disclaimer: Use at your own risk disclaimers instruct your site’s visitors to act on your content or recommendations at their own risk.
    12. Email Disclaimer: An email disclaimer is any disclaimer added to the footer of an email. Most often, confidentiality disclaimers act as email disclaimers.
    13. Past Performance Disclaimer: Past performance disclaimers state that previous results do not equal future results.
    14. Medical Disclaimer: A medical disclaimer informs users that the content on the site is provided for informational purposes only, and does not substitute professional medical advice.

    Members of the Amazon Associates program are legally required to include an Amazon affiliate disclosure. Similar to a disclaimer, this explains that the site has an affiliate relationship that users should be aware of.

    How Do I Write a Disclaimer?

    You can write a disclaimer by modifying a disclaimer template to address any liabilities you have on your site.

    Using a disclaimer template will make it easy for you to pick and choose the disclaimers that may apply to your website, and then customize those disclaimers to include any information unique to your site.

    Additional FAQs

    Written by Simon Fogg

    Simon is a data privacy expert and legal analyst for Termly. He studies news and trends in the data privacy space, then brings compliance solutions to business owners and website operators.

    An errors and omissions statement (E&O), or disclaimer, helps protect your company and its workers against claims or lawsuits made by clients for inadequate performed professional services, including errors, omissions, or failure to perform professional services.

    Are Errors & Omissions Statements Effective?

    Many companies are now using E&O statements, or disclaimers, on their websites, in contracts, or in license agreements. This might theoretically protect a company from lawsuits, but not always. Disclaimers are most effective when written by a lawyer and supported with a professional liability insurance policy.

    For example, a company may include a disclaimer on their website that the information on the site is for “informational purposes only.” This might offer some protection from legal actions; however, a customer could still claim that they suffered monetary damages and file a lawsuit. The company would then incur all the legal costs associated with their defense. If they don't have an E&O insurance policy, they could suffer major financial setbacks just from the cost of the lawsuit. And if the court finds them liable for the mistake or omission, they would also have to pay the settlement amount.

    What Is Errors & Omissions Insurance?

    Error and omissions coverage is a form of professional liability insurance. Most people are likely more familiar with other forms of professional liability insurance, such as malpractice insurance used in the healthcare industry. However, since the 1970s, the need for other types of professional liability protections in industries outside of healthcare has increased.

    Companies that offer professional services to customers use E&O insurance. In these cases, the professional liability insurance protects the company if a customer claims that they incurred economic damages due to services the company provided or failed to provide, or even if the services failed to meet the expected results. Depending on the level of financial damage, this coverage can help your company avoid significant financial losses or even bankruptcy.

    Some examples of monetary damages where a company might be liable include:

    • Breach of agreed upon parameters or contracts
    • Performance perceived to be under par
    • Lack of due diligence
    • Alleged dishonest acts of employees
    • Failure of internal risk controls

    This coverage differs from comprehensive general liability insurance because it protects your company from claims due to economic damages or money loss. E&O insurance doesn't require tangible physical damage to make a claim. In fact, most policies deny coverage for claims due to injuries or property damage. What's more, a well-written E&O policy will complement your liability insurance by filling a material gap in coverage.

    Should Your Business Have Errors & Omissions Insurance?

    Many companies and businesses need E&O insurance coverage. Examples of some of these services include:

    • Accountants
    • Architects
    • Auction house appraisers
    • Cable or satellite providers
    • Consultants
    • Financial advisors
    • Financial planners
    • Insurance agents
    • Insurance brokers
    • Insurance underwriters
    • Internet providers
    • Investment advisors
    • Lawyers
    • Mechanical engineers
    • Private equity companies
    • Real estate agents
    • Real estate appraisers
    • Securities brokers
    • Server hosting companies
    • Software designers
    • Venture capitalists
    • Web hosting companies

    Some industries are more at risk for professional liability, so they may find E&O insurance more expensive or less favorable in its terms, such as financial services, insurance services, and information technology. Also, some regulatory organizations, such as the Financial Industry Regulatory Authority (FINRA) might require a company to have E&O insurance.

    What Is Covered by Errors & Omissions Insurance?

    Many insurance providers customize their E&O policies to meet the needs of the business. This allows them to define specific protections for the professional services the business offers.

    Depending on the policy and issuing insurance company, the benefits of your E&O statement will vary. In general, this insurance usually covers judgments, defense costs, and settlements up to a specified amount. Many policies also help companies with legal costs due to any formal regulatory or administrative proceedings in connection with these claims.

    Of course, E&O insurance doesn't cover all liabilities. Some examples include:

    • Acts performed by temporary employees
    • Bodily injury or property damage
    • ERISA violations
    • Illegal acts committed that violate any state regulation or law
    • Illegally gained company or personal profits
    • Intentional wrongdoing or harm, including fraudulent or criminal acts or omissions
    • Liability assumed under a contract

    If you need help with errors and omissions statements, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

    Disclaimer statement

    The statements below apply to any content such as pages, documents, videos, images, sound files and computer code (the 'Material') created by the NSW Department of Industry ('the department') for its websites.

    NSW Department of Industry disclaims, to the extent permitted by law, all warranties, representations or endorsements, express or implied, with regard to the material including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

    NSW Department of Industry further does not warrant or accept any liability in relation to the quality, operability or accuracy of the material.

    The material is made available on the understanding that NSW Department of Industry, the State of New South Wales and its employees and agents will have no liability (including but not limited to liability by reason of negligence) to the users of the website for any loss, damage, cost or expense whether direct, indirect consequential or special, incurred by, or arising by reason of, any person using or relying on the material and whether caused by reason of any error, omission or misrepresentation in the material or otherwise. Users of the website will be responsible for making their own assessment of the material and should verify all relevant representations, statements and information with their own professional advisers.

    Furthermore, whilst the material is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact upon the accuracy of the material. The material may change without notice and NSW Department of Industry, the State of New South Wales is not in any way liable for the accuracy of any information printed and stored by a user. Changes are periodically added to the Material and the department may make improvements and/or changes in the material and/or the website at anytime.

    NSW Department of Industry takes no responsibility for the accuracy, currency, reliability and correctness of any information included in the material provided by third parties nor for the accuracy, currency, reliability and correctness of links or references to information sources (including Internet sites) outside of the department.

    Links to other websites

    In addition to the material, the website provides links to and from other Internet sites. These external information sources are outside the control of the department and it is therefore the responsibility of the Internet users to make their own decisions about the accuracy, reliability and correctness of information found on those external Internet links.

    NSW Department of Industry:

    • does not represent that the material appearing on linked sites is complete, accurate or up-to-date;
    • does not necessarily endorse that material;
    • does not accept responsibility or liability for any loss, damage, cost or expense that you might incur as a result of using or relying on that material;
    • does not guarantee that any of the linked sites will be available at any particular time.

    The search engines provided on this website are to assist Internet users to locate resources more quickly. However, the department takes no responsibility for the accuracy, currency, reliability and correctness of its search facilities, and does not warrant or represent that the search facilities are free from errors or omission, or that they are exhaustive.

    The internet is not a secure medium and communications to and from the website may be intercepted or altered in transit. The department does not warrant or represent that this website or any linked sites, are free from anything which may damage any computer used to access the site.

    Copyright

    NSW Department of Industry encourages the availability, dissemination and exchange of public information. Read more about copyright and when you need to obtain permission to republish information produced by the department.

    Page link: https://www.industry.nsw.gov.au/disclaimer

    Disclaimer

    1. General

    This General Terms and Conditions (hereinafter the "GTC") govern the legal relationship (hereinafter the "Agreement") between you (hereinafter the "User") and AO Foundation, Clavadelerstrasse 8, 7270 Davos, Switzerland (hereinafter "the AO", together the "Parties") concerning the websites www.aofoundation.org, www.aotrauma.org, www.aospine.org, www.aocmf.org, www.aovet.org, www.aorecon.org, www.myao.app, surgeryreference.aofoundation.org (hereinafter the "Sites").

    By using the Application and its Services, the Sites, or upon clicking of the acceptance icon indicated on the Sites, the User confirms to have read these GTC and agrees to be bound by these GTC.

    These GTC are available on the Sites. The User has the possibility to download a PDF file of these GTC which can be printed out and saved at any time. 

    2. No advice

    The Sites are not designed for laypersons. The products, procedures, therapies, etc, described on the Sites are only to be applied in environments specially designed and by medical professionals specially certified and trained for such procedures.

    The information provided on the Sites is for educational and research purposes only and does not give professional advice or recommend particular products, procedures or therapies, etc. The information contained in the Sites is not intended to present the only or necessarily the best products, procedures, or therapies, etc. 

    No suggested test or procedure should be carried out unless, in the User's professional judgment, its risk is justified. Whoever applies products, procedures and therapies, etc, shown or described on the Sites does so at her/his own risk and is responsible for their compliance with all local laws, regulations, and medical practice applicable. Because of rapid advances in the medical sciences, the AO recommends that independent verification of diagnosis, therapies, drugs, dosages, and operation methods should be made before any action is taken.
    All information contained in the Sites is only intended for preparing medical procedures and not as an aid while carrying out medical procedures.

    Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users of the Sites should always consult their physician or other qualified health-care professional.

    3. License to Services

    Subject to your compliance with these Terms, we grant you a nonexclusive and nontransferable license upon and limited to necessity to download and install one (1) copy of the Application to your mobile device, and to access and use the Services, solely for your own personal use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Application or the Services; (iv) make the functionality of the Application or the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

    4. Third-Party Materials and agreements

    You may be able to access, review, display or use third-party services, resources, content or information (“Third-Party Materials”) via the Services. By using the Application to find material on the internet, you instruct the AO to present portions of the selected data sources. You acknowledge sole responsibility for and assume all risk arising from your access to, use of, or reliance upon any such Third-Party Materials, and the AO disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third-Party Materials or user content via the Application. You acknowledge and agree that the AO: (a) is not responsible for the availability or accuracy of such Third-Party Materials or the products or services on or available from such Third-Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third-Party Materials; and (c) does not make any promises to remove Third-Party Materials from being accessed through the Services. Your ability to access or link to Third-Party Materials or third-party services does not imply any endorsement by the AO of Third-Party Materials or any such third-party services. These Terms of Use do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third-Party Materials excpt as expressly permitted by the Application as authorized by the AO, and the owners of such Third-Party Materials may have the right to seek damages against you for any unauthorized use of their Third-Party Materials.

    5. No warranty

    The Sites and the Services connected therewith are provided on an “as is,” “with all faults,” and “as available” basis and the entire risk as to satisfactory quality, performance, accuracy and efforts is with the User. The AO does not make any representations or warranties, express of implied, under the agreement. Any and all representations and warranties of the AO under or in connection with the agreement are excluded to the extent legally possible, including but not limited to representations of warranties:

    • Of merchantability, fitness for a particular purpose, workmanlike effort, error free access to the sites or use thereof;

    • Regarding any data and/or information provided or made available by the AO or a User on the sites or on any external websites linked to the sites including but not limited to information being of satisfactory quality, adequacy, accuracy, timeliness, completeness, compliance with local laws as well as the regulations and medical practice thereof; and

    • Of uninterrupted or error-free access or use of the sites.

    The Sites do not, and in no way constitute or imply the endorsement, recommendation, or appropriate of an advice. The AO does not screen nor in any other way examine the information uploaded by its users on the Sites but simply provides the platform.

    Any graphic or pictorial materials appearing on the sites are digitized reproductions which, though viewable, are not of diagnostic quality and are not designed nor intended to become a permanent part of any patient’s medical record.

    The User represents and warrants that (i) the User has all necessary power and authorization to accept the GTC; (ii) these GTC are legal, valid, binding and enforceable against the user; (iii) the User’s acceptance of these GTC will not violate any law, rule, regulation or order, or any agreement, binding the User; (iv) and the User will observe all applicable laws and provisions of these GTC.

    6. No liability

    TO THE FULL EXTENT PERMISSIBLE BY LAW, THE AO DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, FINANCIAL LOSS, DAMAGES FOR LOSS IN BUSINESS PROJECTS, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE SITES OR ANY MATERIAL APPEARING ON THE SITES, OR FROM ANY ACTION OR DECISION TAKEN AS A RESULT OF USING THE SITES OR ANY SUCH MATERIAL OR ANY OTHER ACT OR OMISSION IN CONNECTION WITH THE SITES.

    7. Membership and fees

    The conditions for memberships, the applicable fees and the payment conditions are set forth on the Site. The respective provisions shall be integral part of this agreement.

    The AO or the respective AO specialty is entitled to terminate the membership of the User, if any, with immediate effect for reasonable cause. In such a case, the AO shall not be obliged to refund any monies paid to the AO or an AO specialty by the User.

    If the User does not accept the termination, she or he has to inform the AO within 20 days of the termination of the AO or the respective AO specialty in writing. In such a case, the AO Foundation Board (AOFB) shall decide about the effectiveness of the termination within reasonable time. The decision of the AOFB shall be final and binding.

    The usage of the Sites by the AO and the Services of the AO under the agreement connected therewith by the AO are free of charge, unless otherwise indicated on the Sites.

    The AO reserves the right to charge for the usage of parts of the Sites and the Services under the agreement at any time subject to a respective modification of the agreement according to Article 14 below.

    8. Intellectual property rights

    Unless otherwise stated in this agreement, any and all intellectual property rights (including, but not limited to copyrights) in all data, information and material uploaded by the User (hereinafter the "User Material") is—subject to Article 7 below—owned by User.

    Prints or download extracts from the data, information or material of the Sites (hereinafter the "AO Material") as well as any other reproduction thereof are permitted for educational and research purposes or personal use only. None of the AO Material may be used for any commercial purpose by the User. Particularly, the User may not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise exploit or make available to any third party the AO Material in any way.

    No AO Material may be reproduced, stored in or transmitted on any other websites (including intranet sites) by the User nor is the User permitted to create any derivative works based on AO Material without written permission of the AO. 

    Some names, instruments, treatments, logos, designs, etc, referred to on the Sites are protected by patents, trademarks, or other intellectual property rights even though specific reference to this fact is not made on the Sites. Therefore, the appearance of a name, instrument, etc, without designation as proprietary is not to be construed as a representation by the AO that it is in the public domain.

    9. User data license

    In the course of visiting the Sites, the User may upload User Material. As between the Parties, the User shall remain the sole owner of all User Material, provided however that the User hereby grants to the AO a worldwide, eternal, unlimited, non-revocable, and non-redeemable license to use, copy, distribute, display, disclose, and perform such User Material or parts of the User Material, to create derivative works thereof, and to sublicense such rights for any and all purposes. The User shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all User Material, and the AO shall not be responsible or liable for the deletion, accuracy, correction, disclosure, destruction, damage, loss or failure to store any User Material. For the avoidance of any doubt, the license granted by the User to the AO shall remain valid even if this agreement is terminated for whatever reason.

    Any User Material shall be depersonalized by the User before submitted to the AO (ie, the User must ensure that User Material does not qualify as personal data in the sense of Art. 3 let. a of the Swiss Act on Data Protection when submitted to the AO). The User acknowledges that he/she has the sole responsibility that any and all User Material is fully depersonalized.

    The User Material has to comply with all relevant laws and regulations as well as ethical and medical standards and may not (i) have an illegal, harmful, or harassing content or invade another's privacy, (ii) infringe rights of a third party, including any intellectual property rights, or (iii) contain viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

    If the AO exploits the User Material, it will name the respective User to the extent reasonably possible. The AO is, however, not obliged to pay to the User a royalty or other financial compensation for such exploitation.

    10. Data protection

    The AO shall comply with all applicable legal provisions regarding data protection. In particular, the AO shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on the use of the Users' personal data by the AO are set forth in the Data Protection Policy of the AO which is accessible on the website of the AO.

    11. Advertising material

    Advertisers, if any, are responsible for ensuring that the User Material submitted for inclusion on the Sites complies with all relevant laws and regulations as well as ethical and medical standards. The AO will not take responsibility for any error, omission or inaccuracy in advertising material. Appearance on the Sites does not constitute a guarantee or endorsement of the quality or value of a product or of the allegations made by the manufacturers.

    12. Infringement and indemnification

    If the User does not comply with these GTC, AO has the right to prevent the User from visiting the Sites and using the Services connected therewith, and AO reserves the right to any legal action the AO thinks is appropriate.

    If, based on a written agreement between the User and the AO, the User is entitled to provide access the Sites to third persons, the User represents that all such third persons using the Sites are contractually bound by these terms, conditions and disclaimers as well.

    The User agrees to indemnify, defend and hold harmless the AO, to the fullest extent permitted by law, against any cause of action, all liabilities, losses, costs or expenses (including reasonable fees and expenses of legal counsel) with respect to any claim by third parties arising out of the User's failure to perform its obligations under the agreement.

    13. No right to visit the Sites and modification of the Sites

    Unless expressly stated in this or another written agreement between the Parties, the AO has no legal duty to the User, and may at any time and without giving grounds prevent the User from visiting the Sites and using the Services connected therewith.

    The AO is entitled without prior notice to the User in its free discretion

    • To shut down the Sites temporarily or permanently at any time
    • To remove any and all content on the Sites 
    • To modify the Sites and the Services connected therewith

    14. Termination of the agreement

    Each Party may terminate this agreement with immediate effect by email at any time.

    Upon termination of the agreement, the User shall not have access to the Site anymore without restriction. The user data license according to Article 7 above shall under no circumstances be terminated due to the termination of this agreement.

    15. Force majeure

    No Party shall be liable to the other if performance of any of its obligations hereunder is prevented, hindered, or delayed by the occurrence of circumstances beyond its control, which circumstances shall include, but shall not be limited to, any act of God, act of any government or other statutory undertaking, industrial dispute beyond the area of control of such Party, fire, explosion, accident and power failure, always provided (i) they constitute a force majeure event (ie, are beyond the control of the Party invoking it, and (ii) they are not the result of the failure of such Party to perform any of its obligations under the agreement.

    Following the occurrence of any such event the Party thereby affected shall notify the other Party in due time of such occurrence and such Party shall use its reasonable endeavors to overcome or to minimize the adverse effects thereof.

    Performance of the affected and related obligations shall be postponed for a period equal to the time lost by reason of the delay. If as a result of force majeure a Party is rendered definitely unable to perform, or if the period of force majeure has lasted longer than three months or as soon as it is reasonably clear that it will last longer than three months, the other Party may, with immediate effect, terminate the agreement in writing.

    16. Modification of the agreement

    The AO reserves the right to modify the agreement at any time, without giving reasons. If the User does not object to the applicability of the revised agreement within 20 days after receipt of said notice, the modified agreement shall be deemed to be accepted by the User. If the User does not agree to any change in the GTC, the agreement shall be terminated automatically.

    17. Payment rules

    For international payments, the recipient and the payer each bear the costs charged by their own bank (fee regulation SHA).

    The recipient of the payment accepts that the payer is not able to control the correct processing of the payment instructions.

    The recipient of the payment further accepts that the payer is not obliged to bear any costs charged by the bank of the recipient, even if these costs might reduce the amount of the payment credited to the account of the recipient.

    18. Evaluation criteria and selection for AO events

    If no other evaluation criteria are expressly defined and stated, evaluation is done in general first come, first serve. This means that the applicants are considered according to the sequence their registration and payments arrived in the AO.

    No correspondence concerning the evaluation criteria and the selection will be hold and legal action is ruled out.

    19. Recording at AO events

    The AO reserves the right to film, photograph and audio record during its events. Participants must understand that in this context they may appear in these recorded materials. The AO assumes participants agree that these recorded materials may be used for the AO’s marketing and other purposes, and that they may be made available to the public.

    20. Miscellaneous

    The User shall not assign any rights and obligations under this agreement without the AO's prior written consent.

    The agreement constitutes the entire agreement between the Parties with respect to the subject matter of the Agreement. 

    Failure or neglect by the AO to enforce any of the provisions of this agreement shall not be construed or deemed to be a waiver of the AO's rights nor shall this affect the validity of the whole or any part of this agreement, nor prejudice the AO's rights to take subsequent action. 

    The Parties are and remain independent parties. It is not the Parties’ intent to create and this agreement does not create the formation of a partnership, joint venture or similar relationship between the Parties.

    Should any provision of this agreement be invalid or unenforceable, the remaining provisions shall be valid. In the place of an invalid provision, a valid provision is presumed to be agreed upon by the Parties, which comes economically closest to the one actually agreed upon.

    This agreement is solely governed by substantive Swiss law, regardless of where the person visiting one or several Sites resides or where this person made his submission, posting, transaction or connection with one or several Sites.

    All disputes arising out of this agreement or in connection with this agreement shall be solely and finally settled by a court of arbitration consisting of one arbitrator in accordance with the Swiss Rules of International Arbitration of the Swiss Chamber of Commerce. The place of arbitration shall be Zurich. The court of arbitration shall conduct the proceedings and all awards shall be rendered in the English language.

    1 Comments

    1. The theme is interesting, I will take part in discussion. Together we can come to a right answer.

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