What is a disclaimer and why do you need it?

If you are providing a service or advice that involves regulations or certifications/licenses (i.e. medical, financial, etc.), you will need to include a disclaimer in order to protect yourself from liability.

If you are receiving money for a product or were given a product for free in exchange for an endorsement, you also need to have a disclaimer.

Disclaimers should be legible and visible on the web page itself and should also be a part of your Website Terms of Use.

Types of Disclaimers

  1. Warranties and Representations

    “Amanda Flaker LLC. makes no guarantees, representations or warranties of any kind or nature, express or implied, including without limitation, those of non-infringement, merchantability, title, fitness for a particular purpose, and warranties arising from course of dealing or course of performance with respect to this www.amandaflaker.com, its services, or any content or any information, goods or services that are available, advertised or sold through the www.amandaflaker.com. Amanda Flaker LLC disclaims all liability in connection with the use of this www.amandaflaker.com for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the parties. Your use of this www.amandaflaker.com, or items obtained through the Website is at your own risk.”

  2. Affiliates/Endorsement Disclaimer The Federal Trade Commission requires you to disclose if you receive money for a product or were given a product for free in exchange for an endorsement. These disclaimers need to be “clear and conspicuous,” for example in the first few lines of an Instagram post before the “more” button or within the blog post itself (i.e. not just buried in your Terms of Use). Furthermore, your endorsements have to reflect your actual opinions and experiences with the product. You can read more about FTC affiliate/endorsement disclaimers here: https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking#disclose. An example disclaimer is:

    “Certain products and links to these products on this site are affiliate links. If you click on one of these “affiliate links” and make a purchase, Amanda Flaker LLC will earn a small commission at no extra cost to you. As a policy, Amanda Flaker LLC will only affiliate with products, services, coaches, consultants, and other experts that we use, recommend, or believe will provide value to our customers and followers. Amanda Flaker LLC will specify when one of the links constitutes an affiliate link. It is your responsibility to investigate whether any affiliate offers will benefit you. You will not rely on any recommendation, reference, or information provided by Amanda Flaker LLC and are responsible for conducting your own investigation in deciding whether to purchase the affiliate product or service.”

  3. Third Party Disclaimer “The views expressed on this www.amandaflaker.com, including any comments published by third parties, are solely those of the original authors and other contributors. These views and opinions do not necessarily represent those of Amanda Flaker LLC. We are not liable for any defamatory, offensive or illegal conduct of any third parties. To the fullest extent permitted by law we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the www.amandaflaker.com or any services or items obtained through the www.amandaflaker.com.”
  4. Earnings Disclaimer “Amanda Flaker LLC may reference certain results, outcomes or situations on this www.amandaflaker.com. You understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. The Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this www.amandaflaker.com. You understand that individual results and outcomes will vary. The prior success of others does not guarantee your success. We cannot guarantee your success merely by your access, purchase or completion of any material or products on the www.amandaflaker.com. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Any results displayed on the www.amandaflaker.com are not guaranteed or typical. Individual results depend on many factors, including an individual’s background, motivation, business experience and individual capacity. The use of our information, products and services should be based on your own due diligence.”
  5. Professional-Client Relationship Disclaimer “Your use of this www.amandaflaker.com, including implementation of any suggestions set out in this www.amandaflaker.com, or use of any resources available, does not create a professional-client relationship between you and Amanda Flaker LLC or any of its professionals.”
  6. Purpose of Information Disclaimer “The information contained on this www.amandaflaker.com is for informational and educational purposes only. You should not rely on the information on this www.amandaflaker.com as a basis for making any business, legal or health decision. The information on this www.amandaflaker.com should not replace the advice of any therapist, doctor, lawyer or licensed professional. The information provided on this www.amandaflaker.com is not designed to prevent cure or treat any mental disorder or medical disease. Amanda Flaker disclaims any responsibility for the accuracy or reliability of medical, legal, or other professional information that is contained within the www.amandaflaker.com.”
  7. No Responsibility/Errors Disclaimer “Amanda Flaker LLC makes no representations, express or implied, about the completeness, accuracy, reliability, or availability about the www.amandaflaker.com, its services or the information or products contained on the www.amandaflaker.com. Amanda Flaker LLC is not liable for any false, inaccurate or incomplete information on the www.amandaflaker.com. Amanda Flaker LLC is not liable for any technological failure that impacts the www.amandaflaker.com. Amanda Flaker LLC reserves the right to correct any errors or omissions in the www.amandaflaker.com. Amanda Flaker LLC does not guarantee that the site, content or any downloadable materials do not contain viruses, worms, “trojan horses,” or other destructive materials. Amanda Flaker LLC is not liable for damages or harm from such materials.”
  8. Copyright Disclaimer “All materials on this www.amandaflaker.com, including design, text, images, and other content are owned or licensed by Amanda Flaker LLC or its affiliates, either through copyright or trademark, for use on this site only. Content may not be copied, reproduced, transmitted, distributed, downloaded or transferred in any form or by any means without Amanda Flaker LLC prior written permission. Unauthorized use is prohibited. THE SPELL OF ASTRONOMICAL ABUNDANCE, DJINN MAGICK, ABUNDANCE MATRIX MASTERMIND, trademarks of Amanda Flaker LLC. You may contact amanda@amandaflaker.com if you are aware of any copyright infringement or have questions about the acceptable use of Company’s content.”