Disclaimer

OPT-IN LIST, AND SAMPLE EMAIL AND NEWSLETTER NOTICES AND DISCLAIMERS FOR gwsetravel.com

Note:  these are guidelines for your use of an opt-in sign-up form for your newsletter list and for sending emails to that list.

1.  Opt-In Form - Deceptive Statements.

  1.1  If you want to add a statement to your opt-in list sign-up form do NOT add this notice:  "We will never sell, rent, or give away our email list".  The reason is that it may not be true, because for example, you may share list information with a joint venture partner or you may sell your website business in the future.  If you make this kind of statement, you'll be running a substantial risk of engaging in a deceptive marketing practice.

  1.2  If you can't make the above statement, your best practice would be to simply provide a link to your Privacy Policy on the bottom of your opt-in sign-up form.  With this approach, you won't be running the risk of making a deceptive statement on your opt-in page.

2.  Newsletter - Can-Spam Act Compliance.

  2.1  The CAN-SPAM Act of 2003 (CAN-SPAM) provides remedies against annoying and unsolicited bulk email known as "spam".
  2.2  CAN-SPAM's 5 Basic Rules:
  *  header information (identifiers such as To, From, IP Address) - must not be materially false or materially misleading;
  *  subject line - must not mislead the recipient about a material fact regarding the email's contents or subject matter;
  *  return email address - must contain a functioning email address that the recipient can use to request no further messages;
  *  requests to unsubscribe - if a recipient requests unsubscribe from receiving additional emails, emails matching the unsubscribe request must be honored within 10 days with a mechanism that is available from a single web page and that operates with a single click; and
  *  contents - the email must (i) clearly and conspicuously identify that it is an ad, (ii) provide clear and conspicuous notice the recipient may unsubscribe for additional emails, and (iii) contain a valid postal address for the sender (may include a valid post office or private mailbox address).

  2.3  *CAN-SPAM's 2008 amendments - added an additional rule regarding email newsletters and other emails that have multiple advertisers, contributors, or senders.

  *  Designated Sender - multiple contributors to the email may designate  as single sender who must be designated in the From line, and who will be responsible for CAN-SPAM compliance.

  2.4  2 Types of Emails - Applicable Rules

  *  "Commercial" emails - advertisements or promotion for a commercial product or service - are required to comply with all 5 of the basic rules, plus the "designated sender" rule.

  *  "Transactional or relationship message" emails  - "facilitates" a previously agreed-upon commercial transaction - are required to comply only with the "header information" requirement and the "designated sender" rule.

3.  Affiliate Compensation Disclosure.

  3.1  If you recommend any product or service of another, you need to disclaim any "material connection" you may have with the website, merchant, or advertiser.

  3.2  A "material connection" involves the receipt of money or a freebie in connection with your recommendation.  For more information regarding affiliate disclosures, create the document titled "Affiliate Disclosure".

  3.3  These are examples of a simple disclaimer for newsletters or emails that promote the products or services of others:

  *  "Affiliate Compensation Disclosure: As an affiliate, I will receive compensation based on sales of products/services recommended in this newsletter; however, I always give my honest opinions and recommendations."

  *  "Affiliate Compensation Disclosure:  I am compensated for my recommendations in this newsletter.  Click here for details." ("here" should be the anchor text for a link pointing to your Affiliate Disclosure page).

4.  Earnings Disclaimer.

  4.1  If you sell or recommend products or services or provide information that may assist others in making money in your newsletter, you need (i) a long form Earnings Disclaimer posted on your website, and (ii) a short form Earnings Disclaimer on the bottom of your promotional emails or newsletter.  Be sure to have documentation to substantiate any earnings claims you make, before you make the claims.  You are not allowed to make unsubstantiated earnings claims and then add an earnings disclaimer that contradicts the earnings claims.

  4.2  For example: "I make no representation or promise that you will make any specific amount of money, or any money at all, or that you will not lose money.  You are solely responsible for your use of this information."

  4.3  Best practice would also include a link to your long form Earnings Disclaimer posted on your website.

 
5.  Special Disclaimer.

  5.1  If your newsletter provides information regarding services, products, content, or information which could result in injury or financial loss to a consumer, a special disclaimer should be included at the bottom of your email or newsletter.

  5.2  Examples include information regarding services or products as legal information, tax information, fitness services, nutritional supplements, information relating to illnesses, medical information,  debt collection services, and services or products that could be used in ways that could be hazardous or life threatening.

  5.3  Here are a few specific examples -

  *  "Disclaimer: this newsletter is for informational purposes only; it does not constitute legal advice, and should not be construed as such."
  *  "Disclaimer:  there is no guarantee of employment in connection with your use of the information provided in this newsletter."
  *  "Disclaimer:  this newsletter is for informational purposes only; it does not constitute medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition."
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EARNINGS DISCLAIMER

1.Although we make every effort to accurately represent the services and/or products presented on this website, we make no assurance, representation or promise regarding future earnings or income, or that you will make any specific amount of money, or any money at all, or that you will not lose money.

2.Earnings or income statements, or examples of earnings or income, represent estimates of what you may earn; however, there is no promise or guarantee that you may experience the same level of earnings or income.

3.There is no assurance that any prior success or past results regarding earnings or income may be an indication of your future success or results.

4.Statements or examples of actual earnings on this website that are attributed to a specified individual or business are true and correct, and we will verify them upon request and also provide statements of expected typical results (email compliance.officer-at-gwsetravel.com); however, these statements or examples should not be viewed as promises or guarantees of earnings or income. Earnings and income potential are affected by a number of factors over which we have no control, including but not limited to your financial condition, talent, skills, level of effort, motivation, past experience and education, your competition, and changes within the market.

5.Operating a business on the Internet involves unknown risks. You should make decisions based on information provided through services and/or products presented on this website with the understanding that an Internet business may not be suitable for you, and that you could experience significant losses or fail to generate any earnings or income at all.

6.You should undertake your own due diligence regarding your evaluation of any services and/or products presented on this website, and this includes relying on qualified professional advisors to assist you with your evaluation.

7.For the foregoing reasons, you agree that we are not responsible for any decision you may make regarding any information presented on this website or any of the services and/or products presented on this website.


Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.

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SPECIAL DISCLAIMERS FOR gwsetravel.com

 

1.  Subjective Subject Matter Disclaimer For Single Author;  No Obligation to Update Information.

 

The information presented herein represents the view of the author as of the date of publication. Because of the rate with which conditions change, the author reserves the right to alter and/or update his opinion based on the new conditions, and the author is not obligated to update this information.

 

2.  Subjective Subject Matter Disclaimer For 3rd Party Author;  No Obligation to Update Information.

 

Everything posted on this site are views of others and have either been submitted to us, or found on the Internet and published as a fair use.  The views expressed on this site are solely those of 3rd party authors and do not in any way reflect our views. This site is solely a provider of useful articles and hereby disclaims all liability for any damages or injury or other harm arising from this website.  We are not obligated to update any information attributable to 3rd party authors.

 

3.  Securities Disclaimer; No Investment Advice or Recommendations.

 

This site and the information provided herein is for informational purposes only, and no investment, tax, legal, insurance advice is intended or given.  Nothing on this site should be construed to be (i) an offer to sell or a solicitation to purchase a security, or (ii) a recommendation regarding any security.  Information in videos, articles, and blog posts on this site that discuss specific securities is general in nature, is not tailored to the investment needs of any particular person, and should not be relied upon without independent verification.  Information in videos, articles, and blog posts on this site may affect the market prices of the securities discussed.  Investment decisions are subject to certain risk factors that may not be discussed completely, or at all, on this site.  We believe that any performance data provided on this site is provided from sources we deem to be reliable; however, we do not guarantee the accuracy or completeness of any such data.  You should verify any such data through your own sources.

Your Investment decisions and strategies should be determined solely by you in the exercise of your own judgment based on your unique investment objectives and financial circumstances.  If you need professional advice, you should consult your own professional advisors.

 

4.  Disclaimer Re Investment in Penny Stocks.

 

We are in the business of marketing and advertising high risk companies known as "penny stocks" or "micro-caps" through the internet and other media for monetary compensation.  This compensation may be provided by the companies themselves who are profiled or by third party entities who are promoting the companies that are profiled. As such, our opinion about companies that we profile is neither unbiased nor independent and you should consider that fact when evaluating any of the companies profiled.  Do not base any investment decision upon any materials found on this website or in our email or other marketing/advertising materials. We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission (the "SEC") or with any state or provincial securities regulatory authority. We are neither licensed nor qualified to provide investment advice.

 

5.  Disclaimer; No Obligation For Tax Preparation Software.

 

When using and applying the information generated by our software, you alone responsible for ensuring that you comply with the applicable requirements of federal and state law.  You are solely responsible for the content and accuracy of all reports and documents prepared in whole or in part by using our software.  You acknowledge that your use of using our software does not release you of your obligations concerning the preparation and review of such reports and documents.  You acknowledge that you do not rely upon our software for any advice or guidance regarding compliance with federal and state laws or the appropriate tax treatment of items reflected on such reports or documents.  You acknowledge that you will review any calculations made by using our software and satisfy yourself that all calculations are correct.

 

6.  Disclaimer; Information Is Not a Consumer Report.

 

We are not a consumer reporting agency and data provided by us does not constitute a consumer report as that term is defined in the Fair Credit Reporting Act (FCRA), 15 U.S.C.A. sec 1681 et seq.  Before using any data obtained from any source as a factor in establishing a consumer's eligibility for credit, insurance or employment, you should consult with your attorney for uses that might be regulated by FCRA.

 

7.  Disclaimer For No Legal Representation.

 

This site is not intended to create an attorney-client relationship, and no attorney-client relationship will be created or legal advice given through your use of this site, its services and content.  No special relationship or privilege exists between you and this site.  You will be representing yourself in any legal matter you undertake as a result of your use of this site, its services and content. This site provides (i) articles, newsletters, and content for informational purposes only, and (ii) an automated software system using rule-based document assembly technology as a tool for persons to prepare their own legal documents.  In the process of providing this information, this site is engaged in the publication of information regarding legal issues commonly encountered.  This site is not a substitute for the advice of an attorney. This site does not review any of your answers to questions for sufficiency, provide legal advice, or analyze applicable law and apply it to your specific requirements. Accordingly, if you need legal advice for a specific issue, or if your specific matter is too complex to be addressed by our automated software tool, you are advised to seek the advice of an attorney.

 

8.  Disclaimer By Website Developer; No Responsibility For Website Legal Compliance.

 

You agree to assume sole responsibility for website legal compliance.  Your responsibility is to employ an attorney to represent you to in connection with legal compliance for your website and to manage your exposure to legal liability.  We will work with your attorney to incorporate your advertising claims, legal notices, disclaimers, and agreements into your website, but we are not responsible for, and will not provide you with advertising claims, legal notices, disclaimers, or agreements, or any advice in the nature of legal advice.

 

9.  Disclaimer For Licensing For Auctions.

 

You assume sole responsibility for compliance any and all required licensing, education, bonding and other requirements regulating auctions.  We assume no responsibility for compliance with any laws or regulations regarding auctions.

 

10.  Disclaimer For Blog Posts by Others.

 

We do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in blog posts on this site regarding our website, its products or services. For this reason, if others post "success story" or "best-case" scenario testimonials (as distinguished from subjective opinions), you should assume that their results are NOT typical.

 

11.  Disclaimer Regarding Diets and Restaurant Recommendations.

 

We do not guarantee that any recommendation will meet your diet requirements, or that any reference to any food, beverage, or restaurant will match the description provided by us.  We do not assume any liability for any adverse reactions to food or beverages, or restaurants recommended.  Each user is solely responsible for determining his/her food and beverage choices.

 

12.  Disclaimer Re Health and Rehabilitation

 

We provide guidance and clarification for rehabilitation prescriptions provided over the Internet and by other materials available our website.  This information and these materials are intended only to assist a licensed physician, chiropractor, physical therapist, certified athletic trainer, or other appropriately certified professional's physical rehabilitation recommendation efforts.  We are not a medical organization and cannot give you medical advice or diagnosis conditions.  If you experience any pain or discomfort,  or if you have  a change in medical condition, you should immediately seek appropriate medical attention.

 

13.  Exercise Disclaimer

 

Not all exercise is suitable for everyone.  To reduce the risk of injury, consult your doctor before beginning this or any exercise program.  The instruction presented herein is in no way intended as a substitute for medical counseling.  If you have had a joint replacement or if you have osteoporosis, or any other special medical condition, follow all precautions.

 

14.  Diet Disclaimer

 

This website is not a substitute for medical advice.  If you are beginning a health or weight control program, consult your physician before using products or services discussed on this website, or making any other dietary changes.  All of the information provided in and through this website is intended solely for general information and should not be relied upon for any particular diagnosis, treatment, or care.  Statements made on this website have not been evaluated by the U.S. Food and Drug Administration or any other government regulatory body.

 

15.  Disclaimer For Dietary Supplements.

 

The products sold on this site are not intended to diagnose, treat, cure, or prevent any disease.  Although available as a dietary supplements, our products have not been approved by the food and drug administration (FDA) for human or veterinary use at this time.

 

16.  Disclaimer For Real Estate Listings By Real Estate Broker or Sales Person.

 

The information provided on this website is deemed reliable but not guaranteed. You should verify all information through personal inspection and appropriate professionals.  Information regarding real estate for sale on this website is provided in part from a cooperative data exchange program of ____________ county  and the applicable multiple listing service(s).  The information is for the personal, non-commercial use of the customers and/or clients of this website and may not be used for any purpose other than to identify prospective properties for possible purchase.  All other use is strictly prohibited and may violate relevant federal and state law.  Listings displayed on this website may be subject to prior sale or removal from sale; availability of any listing should always be independently verified.