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Thomas McJD
Thomas McJD, Attorney
Category: Business Law
Satisfied Customers: 6516
Experience:  Experienced in Corps, LLCs, Partnership, etc.
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Good Morning, I have a pdf file download in my website and

Customer Question

Good Morning,

I have a pdf file download in my website and I would like to know If my company and website are protected with the paragraph below of any liability. Or I need to get any updates in the contract?
I know we can download anything from any website that give us access, but what would be a good protection clause or notice that we can have in the website.
I think is covered, but I want to make sure.

Thanks,

13. Disclaimer of Warranties

LLC DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE,PDF File Downloads, PODCASTS, PRAYERS OR ANY GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE, PODCASTS, OR PRAYERS. LLC PROVIDES THE WEBSITE, PODCASTS, AND PRAYERS ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

LLC WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY CONTENT POSTED ON THE WEBSITE, OR INCORPORATED INTO PODCASTS OR PRAYERS, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE,PDF Files Downloads, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. LLC DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE AND/OR PODCASTS. LLC RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE,PDF File Downloads, PODCASTS, AND/OR PRAYERS AT ANY TIME
Submitted: 3 years ago.
Category: Business Law
Expert:  Thomas McJD replied 3 years ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Please understand that via this forum you cannot get a 100% "yes" or "no" answer to a question like yours because I haven't seen your website or the documents that are posted on your website. However, I can say that the disclaimer language you have used is very typical of language that disclaims all liabilities and warranties and is something that I would use in many situations like yours (based on what I know of your situation). Thus, without seeing anything else, it appears that the language would be sufficient. However, as noted, there is just no way for me to say that with absolute certainly without seeing your website and the documents available for download.

JACUSTOMER-clo5jj69- :

Would you recommend to go to the original lawyer for further review? He knows all the information. Seems to me that is a good choice, to be sure.

TMcJD :

Yes, absolutely. If an attorney assist you with the website and other documents, then that attorney can certainly quickly answer whether or not the disclaimer language is sufficient. It certainly appears to be based on what you've posted but it would be good to have your original attorney "sign off" on use of the language since he is familiar with your whole website and situation.

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