WHAT IS THE DIFFERENCEBETWEEN A TERMS OF SERVICE    AND A DISCLAIMER?
Disclaimers   A company disclaimer is a statement that specifies or identifies the    scope of obligations and rights tha...
   For example, a company may require a new    customer or client to sign or click on an "I agree"    button to waive the...
Sample disclaimer for a             membership directory   "Every effort has been made to compile complete and    accurat...
Terms of service   Terms of service (commonly abbreviated as ToS and also    known as terms of use and terms and conditio...
Content   A terms-of-service agreement typically contains sections    pertaining to one or more of the following topics:...
Terms of service in detail   Company terms of service agreements are very similar to terms and    conditions; they specif...
   Its important to include a terms of use document for    your company so that all of your customers will be    aware of...
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What is the difference between a Terms of Service and a Disclaimer?

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What is the difference between a Terms of Service and a Disclaimer?

  1. 1. WHAT IS THE DIFFERENCEBETWEEN A TERMS OF SERVICE AND A DISCLAIMER?
  2. 2. Disclaimers A company disclaimer is a statement that specifies or identifies the scope of obligations and rights that parties may enforce or exercise. A disclaimer is sometimes called a hedge clause because it frees a company from responsibility and protects them from possible lawsuits. A disclaimer is normally a clause in a company contract that declares that the creator or seller of a particular product or service makes no promises about the quality or performance of the item and is not responsible for any harm that results from using it. Most terms and conditions and term of use agreements contain at least one disclaimer.
  3. 3.  For example, a company may require a new customer or client to sign or click on an "I agree" button to waive the companys responsibility in certain instances. Most disclaimers contain specific policies regarding limitation of liabilities, as well as customer confidentiality and security. However, some company disclaimers can be as lengthy and detailed as their terms and conditions
  4. 4. Sample disclaimer for a membership directory "Every effort has been made to compile complete and accurate information for this directory. Even though extraordinary efforts were made to ensure its accuracy, neither the association, nor its members or employees, will be responsible for errors or omissions in this directory. The information contained herein should not be construed as an endorsement of any member, company, or individual, nor reflect in any way upon the products and/or services provided by an
  5. 5. Terms of service Terms of service (commonly abbreviated as ToS and also known as terms of use and terms and conditions) are rules which one must agree to abide by in order to use a service. Terms of service can also be merely a disclaimer, especially regarding the use of websites. The terms-of-service agreement is mainly used for legal purposes by websites and internet service providers that store a users personal data, such as e-commerce and Social networking services. A legitimate terms-of-service agreement is
  6. 6. Content A terms-of-service agreement typically contains sections pertaining to one or more of the following topics: Disambiguation/definition of key words and phrases User rights and responsibilities  Proper or expected usage; potential misuse  Accountability for online actions, behavior, and conduct  Privacy policy outlining the use of personal data  Payment details such as membership or subscription fees, etc.  Opt-out policy describing procedure for account termination, if available Disclaimer/Limitation of Liability clarifying the sites legal liability for damages incurred by users User notification upon modification of terms, if offered
  7. 7. Terms of service in detail Company terms of service agreements are very similar to terms and conditions; they specify the owners rules regarding how a particular service or intellectual property may be legally used. Although the terms of use will vary according to the particular industry associated with your company, most documents will include similar information. Example of general terms of use agreement: "Welcome to our website. By using this site, you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you dont agree to these terms, you should not use this site"
  8. 8.  Its important to include a terms of use document for your company so that all of your customers will be aware of your guidelines and policies. This makes it much easier to enforce policies, terminate the accounts of customers who fail to comply and take possible legal action against customers who violate your specific policies and rules
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