There are lots of web sites that are able to hire big teams of really smart lawyers to create their disclaimers for them. My Wizards' Workshop! is not one of them. I created this disclaimer after copying (Yea, yea, I know) a disclaimer from a VERY big web site. It covered everything under the sun and then some! (It must have cost them a small fortune!) Eventually, I found the parts that I was searching for, copied them and threw the rest away. First, I display my plain english version of what I wanted the disclaimer to say. It's followed by the legal version. (Really! - it says the same thing!)
DISCLAIMER: MY PLAIN ENGLISH VERSION
1. Anything that you use on this site is at your own risk. There are absolutly no
guarantees!
2. If you don't like the way something works, then don't use it!
3. Since it's my site, I can change it, however and whenever I like!
4. Any data, music, videos, or pictures that is accessed, used, or displayed from this site
cannot
be provided to a third party, or posted to any online forum
without the expressed written
consent of the
My Wizards' Workshop! site administrator/owner (Me)!
DISCLAIMER: THE LEGAL VERSION
1. RAH3 MAKES NO WARRANTY
RAH3 provides My Wizards' Workshop! web site "AS IS", "WITH ALL
FAULTS", and "AS AVAILABLE", and the entire risk as to satisfactory quality, performance,
accuracy, and effort is with you. To the maximum extent permitted by applicable law, the
RAH3 parties make no warranties, representations, or conditions, expressed or
implied. The RAH3 parties disclaim any and all warranties or conditions,
expressed, statutory and implied, including without limitation (1) warranties or conditions
of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title,
quiet enjoyment, no encumbrances, no liens and non-infringement, (2) warranties or
conditions arising through the course of dealing with or usage of trade, and (3) warranties
or conditions that access to or use of My Wizards' Workshop! web site will be
uninterrupted or error-free. There are no warranties that extend beyond the face of this
agreement.
2. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
In no event will any RAH3 party be liable for any damages, including without
limitation any indirect, consequential, special, incidental, or punitive damages arising
out of, based on, or resulting from this agreement or your use of My Wizards'
Workshop! web site, even if such RAH3 party has been advised of the
possibility of such damages. The exclusion of damages under section 1 is independent of
your exclusive remedy and survives in the event such remedy fails of its essential purpose
or is otherwise deemed unenforceable. These limitations and exclusions apply without regard
to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3)
negligence, or (4) any other cause of action, to the extent such exclusions and limitations
are not prohibited by applicable law. If you are dissatisfied with My Wizards'
Workshop! web site, you do not agree with any part of this agreement, or you have
any other dispute or claim with or against any RAH3 party with respect to this
agreement or My Wizards' Workshop! web site, then your sole and exclusive
remedy is to discontinue using the My Wizards' Workshop! web site.
3. CHANGES TO MY WIZARDS' WORKSHOP! WEB SITE; ADDITIONAL LIABILITY LIMITATION
The RAH3 parties may alter My Wizards' Workshop! web site, change
or delete features in any way, at any time and for any reason. As you use My Wizards'
Workshop! web site, you should expect to receive, access or use information,
materials, graphics, software, data and content (collectively, "Content") originated by
RAH3 and persons other than RAH3 (any such person is referred to as a
"Third Party"). Without limiting the generality of sections 1 and 2, you acknowledge and
agree that the RAH3 parties are not responsible or liable for (1) any content,
including without limitation, any infringing, inaccurate, obscene, indecent, threatening,
offensive, defamatory, tortuous, or illegal content, or (2) any third party conduct,
transmissions or data. In addition, without limiting the generality of sections 1 and 2,
you acknowledge and agree that RAH3 is not responsible or liable for (1) any
viruses or other disabling features that affect your access to or use of My Wizards'
Workshop! web site, (2) any incompatibility between My Wizards' Workshop!
web site and other web sites, services, software and hardware, (3) any delays or
failures you may experience in initiating, conducting or completing any transmissions or
transactions in connection with My Wizards' Workshop! web site in an accurate
or timely manner, or (4) any damages or costs of any type arising out of or in any way
connected with your use of any services available from third parties through links
contained on My Wizards' Workshop! web site. The limitations, exclusions and
disclaimers in sections 1, 2, and 3 of this agreement apply to the maximum extent permitted
by applicable law, and are not intended to deprive you of any mandatory protections
provided to you under applicable law.
