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Email Disclaimer helps Limit Liability
Using E-Mail and the Internet can exposure your business to increased
liability. As an employer, you are usually held liable for anything in
e-mails for your company as well as the contents of your website.
Chevron was held liable for more than $2mil when female employees
claimed e-mail was sexually harassing. Obviously, this was the action
of one errant employee, but the company was stuck with enormous
liability.
An E-Mail disclaimer should contain the following items:
- Confidentiality.
Email disclaimers should contain a warning the information is only for
the addressee and is confidential and proprietary. This is one step in
protecting yourself from claims of people who receive forwarded email.
- Contracts.
Clearly state the e-mail does not create an offer, acceptance or
contract unless a separate signed document is negotiated.
- Non-Reliance.
Warn the recipient that any statements or opinions made in the email
are not to be used or relied upon unless issued in a formal opinion.
- Does
not create a customer relationship. Make clear that mere
email communication does not create a customer or client relationship.
- Viruses
and Worms. warn the recipient to scan for viruses, worms
and Trojans and that the email may contain security preach issues.
Further, the email may appear legitimate but actually may have a forged
header claiming it was sent by you.
- Return
Information. Offer to pay for the return of any
information.
Disclaimers will help protect your company. Call Ronald J. Cappuccio,
J.D., LL.M. (Tax) at (856) 665-2121 to discuss this further.
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Ronald J. Cappuccio, J.D.,
LL.M.(Tax)
Counsellor
at Law
1800 Chapel Avenue West, Suite 128
Cherry Hill, NJ 08002 USA
Phone (856) 665-2121
Fax (856) 665-9005
Email: Ron@TaxEsq.com
© Copyright
1996-2008 Ronald
J. Cappuccio, J.D., LL.M.(Tax) All Rights Reserved
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