How good/strong is a disclaimer

Good question.   Although most principals of contract law would suggest it
should be as binding as any other disclaimer, issues about the binding
nature of online agreements are among some of the strongest reasons for the
nationwide push to have all states adopt "UCITA" the "Uniform Computer
Information Transaction Act" recently issued by the National Conference of
Commissioners on Uniform State Laws (same folks who are responsible for the
Uniform Commercial Code and a host of other uniform state laws).  Virginia
was the first state to adopt it (July 1, 2001 effective date), Maryland has
also adopted it.  Other states are considering and are likely to adopt it.
If your state has adopted it (or if you can establish some basis for
"contact" with a state that has adopted it--possible hosted by a server
based in Herndon VA), you should be able to make that  state's laws the
governing law under your web site "terms of service."

As noted by another commentator, virtually every website should have a
"terms of service" agreement which users of the website agree to be bound
by.  Even absent UCITA the better legal arguements are that such an
agreement is enforcable and binding.  The content of the terms of service
will vary depending on the site and the type information you provide/allow
to be posted.  As an example, you are welcome to take a look at the one I
have drafted and set up for a web site I am developing to provide
information on stock options and the manner by which I ensure that visitors
confirm acceptance.  See   http://www.employeestockstation.com/

Bob Webb
bobwebb2(at)webbcounsel.com

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