The Difference Between Disclaimers and Terms of Service

Last week, I wrote all about disclaimers - did you catch that mongo blog post??

I mentioned that no matter the size of your business, if you have a website - you need a disclaimer.

A disclaimer, which is really a Limitation of Liability clause, protects you from claims of liability and is basically saying that you are not to be held liable for anything that anyone does with the information found on your website or from you!  

So what’s the difference between a Disclaimer and Terms of Service?

A Terms of Service (TOS) (also called Terms of Use or Terms and Conditions) policy on your website is about protecting your business, income, and content.  

It outlines how your website should be used and what visitors can (and can’t do) with your content. It protects your intellectual property (blog posts, opt-ins, videos, etc). It may include things like: your refund policy, jurisdiction, releases from liability for any third party links, etc.  If you have a blog where people can leave comments it includes language about how they are not allowed to post anything threatening or dangerous on there, etc.  

You should not only have a disclaimer on your website, but there should be disclaimers in your 1:1 contract or your Terms of Purchase for your group program, online course, live-event, etc.

And while your Terms of Service may include your disclaimers - your disclaimers could be a separate web page - the important point is that you need BOTH on your website.  

Imagine it like this - an ice cream sundae with a cherry on top.  Your Terms are the sundae, and includes ice cream, chocolate sauce, nuts, etc. and then the disclaimer is your cherry on top.  Terms include different clauses to protect your website but the oh-so-important disclaimer is vital to the sundae (your business).  

Does that make sense or now are you just hungry for ice cream like me??

Are you missing TOS or a Disclaimer?  

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