質問
If we create a very detailed ToS and liability statement for our website, including terms such as "we're not responsible for any damages in any medium/use at your own risk/the maximum fines we'll pay is $0 USD/we're not liable" and such - how much protection against liability does that give us?
回答: 1 公開 & 0 非公開
The extent to which you can effectively disclaim liability for your actions via contract (i.e., by those provisions not being fond unenforceable) will vary jurisdiction to jurisdiction. Generally, you will not be able to contract-your-way out of conduct that is fraudulent or grossly negligent.
Often, a "Limited Liability" provision in a ToS is drafted in redundant fashion with sub-provisions limiting liability in narrowing fashion, the last identifying some maximum dollar amount (e.g., $100) for which you, the service provider, could be held liable.
It may also be advisable requiring informal negotiations before any formal dispute resolution step is taken, mandatory arbitration for certain types of claims (e.g., those not involving injunctive relief), and a class action participation waiver.
Further, if you will be utilizing a privacy policy, it may need to be drafted (and followed) to be in compliance with certain state statutory requirements.
Contact local counsel to acquire specific advice.
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