Disclaimer
The federal trade commission (FTC) requires us in the interest of the consumer to actively disclose that the information provided on this website (My-Reviews.org) is purely for informational purposes and is not intended to provide any kind of advice or influence your decision making.
Many factors affect the applicability of any statement or comment made on this website My-Reviews.org. You as a user of this site should not rely totally upon the information found to provide advice.
Also we must declare that we (My-Reviews.org) receive monetary payments for advertising companies on this website. Also the scoring system found on this website along with opinions and reviews are from the discretion of the webmaster. Customer reviews are vetted but on occasions some falsely submitted user reviews may get through our screening system with incorrect facts and statements. We do our best to maintain accurate and complete information that is kept up to date, but we cannot (and do not) provide any warranty of the accuracy of any information provided on this website.
My-Reviews.org provides independent reviews of home business opportunities, ie. we are not a home business opportunity; nor are we owned or operated by a home business opportunity company; My-Reviews.org receives compensation for this website from home business opportunity companies reviewed on this site.
Neither My-Reviews.org, its parent, subsidiaries, affiliates, and employees, nor any person associated with the creation and maintenance of this site shall be responsible or liable in any manner or to any extent for any direct, indirect, special, third party or consequential damages, losses or expenses arising out of the use of this website. We will not be responsible for any detrimental reliance that you may place upon the site or its contents.
Security and confidentiality
You hereby agree and acknowledge that My-Reviews.org and its affiliates shall not be responsible for any damages you may suffer as a result of the transmission of confidential or sensitive information over the Internet, and that all such communications will be at your own risk.
Email: admin (@) My-Reviews.org
(1) Introduction
This disclaimer governs your use of our website; by using our website,
you accept this disclaimer in full
(2) This disclaimer
This disclaimer is based on a document created for Website Law by SEQ
Legal. Other precedent documents published by SEQ Legal include a
range of internet contracts.1
(3) Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual
property rights in the website and material on the website.
Subject to the licence below, all these intellectual property rights
are reserved.
(4)Licence to use website
You may view, download for caching purposes only, and print pages [or
[OTHER CONTENT]]2 from the website for your own personal use, subject
to the restrictions below.
You must not:
(a) republish material from this website
(including republication on another website);
(b) sell, rent or otherwise sub-license material from
the website;
(c) show any material from the website in public;
[(d) reproduce, duplicate, copy or otherwise exploit
material on our website for a commercial purpose;]
[(e) edit or otherwise modify any material on the
website; or]
[(f) redistribute material from this website [except
for content specifically and expressly made available for
redistribution [(such as our newsletter)].]
[Where content is specifically made available for redistribution, it may only be redistributed [within your business].]3
(5) Limitation and exclusion of
warranties and liability
The completed website disclaimer should be easily accessible on your
website, preferably from every page. Ideally, from a legal
perspective, users should be asked to expressly agree to these terms
(e.g. by clicking an “I agree” button). However, in practice,
this is very rarely done in relation to website disclaimers.
Please note that it is a condition of the use of this template that
you either: (i) retain this credit and these links; or (ii) pay the
appropriate licence fee in relation to each website on which the
document is used.
The scope of the licence to use will vary with the site.
Consider carefully exactly what your users should be allowed to do with
the material on your website.
Where you have content which is specifically available for
redistribution, it is usually a good idea to have a more detailed
licence setting out the redistribution rights.
Limitations and exclusions of liability are regulated and controlled
by law, and the courts often rule that particular limitations and
exclusions of liability are unenforceable. The courts are
particularly likely to intervene where a party is seeking to rely on a
limitation or exclusion of liability in a consumer contract or in its
standard T&Cs, but will also sometimes intervene where a term has
been individually negotiated. You should take legal advice if you
may wish to rely upon a limitation or exclusion of liability, or if you
want to exclude or limit - or purport to exclude or limit - any
liability to a consumer. Please note that the guidance notes to
this Section provide only an incomplete and basic overview of this
complex subject.
Exclusions and limitations of liability in UK B2B and B2C contracts are
regulated by The Unfair Contract Terms Act 1977 (“UCTA”).
Relevant legislation in the case of B2C contracts also includes The
Consumer Protection Act 1987 and The Unfair Terms in Consumer Contracts
Regulations 1999.
The courts may be more likely to rule that provisions excluding
liability – as opposed to those merely limiting liability - are
unenforceable.
If there is a risk that any particular limitation or exclusion of
liability will be found to be unenforceable by the courts (for example,
because it may be unreasonable under UCTA), that provision should be
drafted as an independent term, and be separately numbered from the
other provisions.
It may improve the chances of a limitation or exclusion of liability
being found to be enforceable if the party seeking to rely upon it
specifically drew it to the attention of the other party before the
contract was entered into.
Whilst we endeavour to ensure that the information on this website
is correct, we do not warrant its completeness or accuracy; nor do we
commit to ensuring that the website remains available or that the
material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all
representations, warranties and conditions relating to this website and
the use of this website (including, without limitation, any warranties
implied by law of satisfactory quality, fitness for purpose and/or the
use of reasonable care and skill).
Nothing in this disclaimer will: (a) limit or exclude our or your
liability for death or personal injury resulting from negligence; (b)
limit or exclude our or your liability for fraud or fraudulent
misrepresentation; (c) limit any of our or your liabilities in any way
that is not permitted under applicable law; or (d) exclude any of our
or your liabilities that may not be excluded under applicable law.1
The limitations and exclusions of liability set out in this Section and
elsewhere in this disclaimer: (a) are subject to the preceding
paragraph; and (b) govern all liabilities arising under the disclaimer
or in relation to the subject matter of this disclaimer, including
liabilities arising in contract, in tort (including negligence) and for
breach of statutory duty.
[To the extent that the website and the information and services on the
website are provided free-of-charge, we will not be liable for any loss
or damage of any nature.]2
[We will not be liable to you in respect of any losses arising out of
any event or events beyond our reasonable control.]
[We will not be liable to you in respect of any business losses,
including (without limitation) loss of or damage to profits, income,
revenue, use, production, anticipated savings, business, contracts,
commercial opportunities or goodwill.3]
[We will not be liable to you in respect of any loss or corruption of
any data, database or software.]
[We will not be liable to you in respect of any special, indirect or
consequential loss or damage.4]
(6) Variation5
We may revise this disclaimer from time-to-time. The revised
disclaimer will apply to the use of our website from the date of the
publication of the revised disclaimer on our website. Please
check this page regularly to ensure you are familiar with the current
version.
(7) Entire agreement
This disclaimer[, together with our privacy policy,]6 constitutes
the entire agreement between you and us in relation to your use of our
website, and supersedes all previous agreements in respect of your use
of this website.
Do not delete this paragraph (except upon legal advice).
Without this paragraph, the specific limitations and exclusions of
liability will not usually be enforceable.
This sort of exclusion is most unlikely to be enforceable.
You should consider carefully the particular kinds of loss you want
to try to limit or exclude.
If you wish to try to limit/exclude for liability in respect of
reckless, deliberate, personal and/or repudiatory breaches of contract,
you should specify this in relation to the relevant paragraph (for
example, using the following wording: “The limitations and exclusions
of liability in this paragraph will apply whether or not the liability
in question arises out of any [reckless, deliberate, personal and/or
repudiatory] conduct or breach of contract”). In some
circumstances the courts will find these types of limitations and
exclusions to be unenforceable (e.g. because unreasonable under
UCTA).
“Consequential loss” has a special meaning in English law: it means
losses that, whilst not arising naturally from the breach, were
specifically in the contemplation of the parties when the contract was
made.
Changes to the notices will not be retrospectively effective.
If you collect personal data from users, you should have a privacy
policy as well as a disclaimer. You should also refer here to
(for example) any terms of sale or terms of subscription which relate
to your website.
(8) Law and jurisdiction
This disclaimer will be governed by and construed in accordance with
English2 law, and any disputes relating to this disclaimer will be
subject to the [non-]exclusive3 jurisdiction of the courts of England
and Wales.
[(9) Registrations and authorisations
[We are registered with [TRADE REGISTER]. You can find the online
version of the register at [URL]. Our registration number is
[NUMBER].]5
[We are subject to [AUTHORISATION SCHEME], which is supervised by
[SUPERVISORY AUTHORITY].]6
[We are registered with [PROFESSIONAL BODY]. Our professional
title is [TITLE] and it has been granted in the United Kingdom.
We are subject to the [RULES] which can be found at [URL].]7
[We subscribe to the following code[s] of conduct: [CODE(S) OF
CONDUCT]. [These codes/this code] can be consulted electronically
at [URL(S)].8
[Our VAT number is [NUMBER].]9]
The questions of what law governs a contract, and where disputes
relating to the contract may be litigated, are two distinct questions.
These terms of use have been drafted to comply with English law, and
the governing law provision should not be changed without obtaining
expert advice from a lawyer qualified in the appropriate
jurisdiction. (NB in some circumstances the courts will apply
provisions of their local law, such as local competition law or
consumer protection law, irrespective of a choice of law clause
specifying that a different law applies.)
Choose “non-exclusive” jurisdiction if you may want to enforce the
terms of use against users outside England and Wales. Otherwise,
choose “exclusive jurisdiction”. (NB in some circumstances –
particularly where you are contracting with a consumer - your
jurisdiction clause may be overridden by the courts.)
This section can be deleted where The Electronic Commerce (EC
Directive) Regulations 2002 (aka the Ecommerce Regulations) do not
apply. Generally, the Regulations will apply unless a website is
entirely non-commercial - i.e. where a website does not offer any goods
or services and does not involve any remuneration (which includes
remuneration for carrying AdSense or other advertising).
The Ecommerce Regulations provide that where you are “registered in
a trade or similar register available to the public” you must provide
“details of the register in which the service provider is entered and
his registration number, or equivalent means of identification in that
register”.
The Ecommerce Regulations provide that “where the provision of the
service is subject to an authorisation scheme” you must provide “the
particulars of the relevant supervisory authority”. In most cases
you will be able to delete this paragraph.
The Ecommerce Regulations provide that where “the service provider
exercises a regulated profession”, it must provide “(i) the details of
any professional body or similar institution with which the service
provider is registered; (ii) his professional title and the member
State where that title has been granted; (iii) a reference to the
professional rules applicable to the service provider in the member
State of establishment and the means to access them”.
The Ecommerce Regulations provide that “a service provider shall
indicate which relevant codes of conduct he subscribes to and give
information on how those codes can be consulted electronically”.
Under the Ecommerce Regulations, where the service provider
undertakes an activity that is subject to value added tax, the relevant
identification number must be disclosed.