E-Book Disclaimer

Get real, Shaun!

Nobody said that.

But there's no way in "you know where" that you should just steal another author's disclaimer. Ever.

Instead, you could ASK the author of the disclaimer if you can use, or modify it.

There may also be standard disclaimers available for a much lower cost.

All the best,
Michael "I really wonder how some people don't accidentally drown themselves every time they take a sip of water" Oksa

I think you're making the same mistake the OP made - confusing a basic copyright notice with a legal disclaimer.

Anyway, simply copying someone else's disclaimer doesn't do you any good, because:

You have no idea what you're doing, and

You don't know if the person drafting what you are copying knew what they were doing, and

It may not entirely apply to your situation anyway.

This means you don't know if what you are copying will protect you - or attract lawyers like honey attracts bears.

*** Read that last sentence again because it is a fundamental philosophy of mine - you want your disclaimers to put up a porcupine defense. You do not want them to attract lawyers.

I just completed a case quite a ways from my office. I took it because the terms helped made it very, very attractive for a lawyer to get involved. ***

At the risk of this post getting edited by a mod, let me give you a self-serving reference point:

In my Webmaster's Legal Guide I give examples of common mistakes new or simply incompetent attorneys make in drafting disclaimers and other legal terms. In one case it cost a company $500,000 and made my clients very happy.

Mistakes anyone on this forum can correct themselves for their websites.

In that regard, you're absolutely right. A lawyer is not necessary, BUT only if you gain adequate knowledge.

I've had many, many lawsuits where the issue was a website legal term and, invariably, the defendant said they had just copied terms from a big website assuming they had some high priced-suits draft the language, and assumed they knew what they were doing.

You can't assume that. I've seen high priced, silk stockings, 'head of the litigation department' who have actually never tried a case in their life. It is, in my opinion, a reason why big companies continually get sued. Aside from the fact they're a target because they have money, they're dealing with such a large variety of issues, most of which are more important than a website disclaimer, that they're just copying schlock they found online (doing the same thing you're suggesting) - or they simply do not have the time to get the expertise needed for the situation.

Maybe they're awesome for SEC securities filings, ERISA law, employment issues, etc., but don't know squat about issues for website disclaimers.

Think of it this way -- you probably know more about how to comply with Google's Adwords' legal terms than the average lawyer.

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So, for a self-help ebook, we still don't know what it is about. Self-help for what?

To draft a proper disclosure you first need the 'porcupine' issues I mentioned earlier, and not the 'honey' terms.

Then, you need it customize it for your situation.

Is this self-help for avoiding home foreclosure?

Is this self-help for getting rid of body odor?

Telling someone how to get get of body odor, but at the same time disclaiming that sometimes a new or unusual odor can be a symptom of a serious medical condition and they should see a medical doctor, doesn't make much sense in the foreclosure situation.

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