San Diego Legal Disclaimers Lawyer
(Privacy Policies and Terms of Service)

Legal Disclaimers

A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. In contrast to other terms for legally operative language, the term disclaimer usually implies situations that involve some level of uncertainty, waiver, or risk. A disclaimer may specify mutually agreed and privately arranged terms and conditions as part of a contract; or may specify warnings or expectations to the general public in order to fulfill a duty of care owed to prevent the unreasonable risk of harm or injury. Some disclaimers are intended to limit exposure to damages after a harm or injury has already been suffered. Additionally, some kinds of disclaimers may represent a voluntary waiver of a right or obligation that may be owed to the disclaimant.

When debating on whether to have a disclaimer, speak to a LOKK professional.  We can speak to you and come up with a personalized strategy that will fit your needs.

Privacy Policy

A privacy policy is a statement or a legal document that discloses some or all of the ways a party gathers, uses, discloses and manages a customer or client’s data. Personal information can be anything that can be used to identify an individual, not limited to but including; name, address, date of birth, marital status, contact information, ID issue and expiry date, financial records, credit information, medical history, where one travels, and intentions to acquire goods and services.  In the case of a business, it is often a statement that declares a party’s policy on how it collects, stores, and releases personal information it collects. It informs the client what specific information is collected, and whether it is kept confidential, shared with partners, or sold to other firms or enterprises.

Privacy policy is important due to many privacy laws.  If you or your business is gathering private information, please schedule a time to speak with a LOKK Attorney.  There is potential legal risk and at a minimum, a Privacy Policy should be considered.

Terms Of Service

Terms of service (also known as Terms of Use and Terms and Conditions,  ToS or TOS and TOU) 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 user’s personal data, such as e-commerce and Social networking services. A legitimate terms-of-service agreement is legally binding and may be subject to change. 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 site’s legal liability for damages incurred by users; and
  • User notification upon modification of terms, if offered

Many businesses expose their customers to risk factors. Risk factors which require disclaiming from the business owners. Not all disclaimers are the same and not all disclaimers will protect all business owners the same amount. Allow LOKK LEGAL to asses your business needs and customize legal disclaimers to protect your business from potential legal liability.

San Diego Legal Disclaimers Lawyer, Privacy Policies, Terms of Serice

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