September 2018
Best Practices for Website Disclaimers
By Paul M. Collins, Attorney and Counselor at Law
Note: Attorney Paul Collins provides assistance to AOE clients with their legal matters.

It may feel like websites have been with us for a long time, but in fact, websites are new enough that there have been relatively few judicial decisions pertaining to them. Therefore, the use of website disclaimers is an emerging area of law and there are no set rules or guidelines. Some best practices, however, can be recommended.

In general, it is important to consider not only the content of the language, but the accessibility of the disclaimer for a user of the website.

When drafting content, pay special attention to areas of the website that provide technical advice to users. These are of particular concern because a user may argue that he or she suffered damage due to relying on the advice. It’s a good idea to place the disclaimer at a “gateway” on the website, appearing before a user enters the technical page and requiring the user to check a box acknowledging that he or she has read and understood the disclaimer before proceeding. Additionally, unique disclaimers may be placed near specific “disclaimed” material on the site.

A website’s disclaimer should explicitly protect intellectual property (i.e. copyrighted and/or trademarked material) and identify information that may become obsolete.

To make the disclaimer accessible to users, a link to it should be placed on the visible portion of each page that hosts content which may be of concern. A disclaimer that is buried in an obscure section of a website offers little protection. Some sites may also benefit from having the disclaimer prominently displayed on the home page, so it can be easily accessed and reviewed by any user. Disclaimers protecting copyrighted/trademarked information should be placed on every page containing such information (e.g., in a site header or footer).

Disclaimers are not one-size-fits-all. Their content should be carefully crafted to reflect the actual risks associated with an individual organization. A well-worded—and well-placed—disclaimer can go a long way in protecting an organization from liability…although, in a disclaimer of our own, we must state there’s no guarantee a website disclaimer will offer complete protection.

Contact the team at AOE to help get answers to questions about your organization’s website.
About the author:
Paul M. Collins is an attorney with Miller, Canfield, Paddock and Stone LLP. He represents non-profit corporations, including the American Concrete Institute.   Paul is also a licensed professional engineer, and during his previous experience with the Michigan Department of Environmental Quality, Paul was the primary author of many of Michigan's environmental construction and operating permit regulations.
PTI Launches New Website
The AOE team is proud to announce the launch of
a new website for our
long-time client, Post-Tensioning Institute (PTI). To visit the site, click on the image below.
ACAA Celebrates 50 Years
The American Coal Ash Association (ACAA) is a nonprofit trade association devoted to recycling the materials created when we burn coal to generate electricity. Established in 1968, ACAA is celebrating their 50th anniversary. Help ACAA celebrate this milestone by getting involved in ACAA events.
Interested in Getting Published?
AOE has many journalists with trade publication experience and our results are proven. Just check out the article, "Collaboration Results in Better Project Outcomes" developed by Account Manager, Kristin Dispenza for AOE client, O'Neal, Inc. Want to read this article? Just click on the below image.
Internet trends and what they mean to you
By Kari Moosmann, Senior Account Manager
Internet use is soaring high, up another four percent this year. At 3.6 billion, the number of internet users has surpassed half the world’s population. Is this ever-increasing use to our advantage? For most organizations, it’s a good trend. Kleiner Perkins recently issued Mary Meeker’s 2018 Internet Trend Report which delved into the growth and changes in internet usage. And many changes do occur with the internet each year – devices improve, access is better and payments are easier to complete online, to name a few.

The internet is also providing more personalization. Whether neighborhood groups such as Nextdoor or private Facebook groups, pages are providing a better experience for users. The ability to target and personalize groups is an advantage for organizations looking to provide areas for their clients to learn more about products or services. Facebook is providing higher engagement just from trying to connect people. 

What does this mean to your organization? Social media is driving discovery and referrals for products and services. Referrals on social media are up six percent, compared to two percent in 2015. Impressions, an important measurement of social media postings, are up 19 percent. The click-through ad rate on Facebook continues to rise. Many advancements of the internet and social media are designed to help organizations connect with both current and prospective clients. The methods are working and clients are responding.

E-commerce has exploded onto the scene in the last five years. If your organization sells a product, online ordering is becoming the standard expected by clients. It is important to look within your organization to evaluate if a product can be easily ordered online. Effortless ordering is what brings clients back repeatedly.

If you aren’t wholly invested in the internet and social media, it’s time to take a serious look at how it can benefit you. The numbers continue to show the reliance on the internet as a method to reach and inform clients. With 3.6 billion users, the internet isn’t going away, it will only become a stronger and more important tool. This trend is definitely soaring upward.
Contact Us

38800 Country Club Drive
Farmington Hills, MI 48331
P: +1.248.516.1102
Copyright 2018 by The AOE Team.