joined:May 7, 2018
What's the best practice today to protect yourself legally? I see sites that have Terms and Conditions or in other words Terms of Service but no Disclaimer. I see sites that have a Disclaimer but no Terms. I see that in some Terms they include a Disclaimer section. I see some Terms that have no Disclaimer. I see some Disclaimers with Terms inside them. I see some sites with both Terms and a Disclaimer. I see some sites with nothing.
It's my gut feel that years ago calling it a Disclaimer was more common. Today it's more common to see Terms of Service. But regardless of what it's called, they seem to have the same content. Does it matter what it's called? Tomato? Tomatoe? I know some lawyers are of the opinion that Disclaimer is better than Terms since having Terms implies that there is a legal client relationship between your site and any user. Since if there's no contractual relationship then how can there be any Terms? You can't have Terms for nothing. So Disclaimer is a better way to go. There is no relationship implied or otherwise. It's simply an indemnification for any information presented.
What do people think? I'm in the dark on this subject stumbling around.
PS: Sorry about the typo in the title. It doesn't look like there is a way to edit it. I would appreciate it if a mod could remove the word "all" before "both".