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Q: Need legal language to remove liability ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Need legal language to remove liability
Category: Business and Money > Finance
Asked by: shikibobo-ga
List Price: $2.00
Posted: 30 Jul 2003 11:44 PDT
Expires: 29 Aug 2003 11:44 PDT
Question ID: 237023
In the context of his working relationships, Bob from time to time
provides information and sometimes recommendations regarding how
people should invest sums of money. Bob is not licensed or certified
in any profession or trade. In other words, he does not hold himself
out as a financial advisor, nor does he have any standing to do so.

Can you please point me to legal language that Bob can use to shield
himself from legal liability if people were to make unfortunate
investments based on information he provided or advice he might make?

I understand that no attorney-client relationship is established by
your answering this question, that I should not rely on your reply,
that I should always seek the advice of a professional regarding
legal, financial, and investment matters, and that I hold you
completely harmless in the event of damages incurred as the result of
relying on your reply in full or in part.
Answer  
Subject: Re: Need legal language to remove liability
Answered By: juggler-ga on 30 Jul 2003 12:43 PDT
Rated:5 out of 5 stars
 
Hello.

I've located some disclaimers that are comparable to Bob's
circumstances (i.e., a non-professional who dispenses investment
ideas). I've also tried to find disclaimers that are relatively short
and to the point. Any of the following disclaimers could probably be
modified to match Bob's specific circumstances.


Here's an example from the "Investing Wisely" newsletter which is
published by someone who is "not a certified financial advisor":

"The information provided is not intended to be taken as legal
counsel, advice, or recommendation. Leo Schreven is not a certified
financial advisor and shall not be liable for incidental, indirect,
special, or consequential damages, or for lost profits, savings, or
revenues of any kind... The information is intended to be used at each
individual's discretion, and each individual is responsible for their
own decisions and actions resulting."
source: Investing Wisely newsletter January 2003
http://allpowerseminar.com/images/January2003.pdf


Here's a comparable (and rather humorous) disclaimer from a man named
Larry who wrote an article about investing:

"DISCLAIMER
Larry is not a professional. Don't take him seriously!
Actually, the investment article provided here is for general
information only and should not be considered as professional advice,
a solicitation to buy or sell any security, or the Word of God.
Investors are encouraged to do their own research while considering
their personal goals and circumstances, or consult their own
professional financial advisors, before making investment decisions.
Neither Larry nor LARVALBUG will be liable for any losses sustained by
any visitor to this site.
(Disclosure statement: Larry and Val have holdings in some of the
suggested assets but do not "make a market" in any of them and do not
derive any direct benefit from recommending them, except perhaps for a
bit of smug self-satisfaction.)"
source: "A LITTLE OF THIS, A LITTLE OF THAT by LARRY"
Value Investing web site, hosted by att.net
http://home.att.net/~larvaluebug/archinvest8-02.html
 
Here's a disclaimer from a web site called Stockpoop:

"Disclaimer: Stockpoop is not a professional investment advisor nor a
financial advisor, nor are any of its contributors. Furthermore, we
are not in any way associated or affiliated with any financial
institutions, brokers, exchanges, or any companies of any kind. These
pages contain our opinions. Our picks and recommendations are in no
way guaranteed to be money-makers. We cannot be held liable for any
pick, tip or recommendation that either loses money or fails to make
money. Do your own research and/or consult with a certified investment
counselor."
source: stockpoop, cached by Google
http://216.239.37.104/search?q=cache:0so8aUVU74oJ:www.stockpoop.com/+investment+newsletter+disclaimer+%22not+a+professional%22&hl=en&ie=UTF-8


search terms:
investing, investment
disclaimer, "not a professional"
"not rely"

I hope this helps. As you've mentioned, this isn't a substitute for
professional legal advice. It's for informational purposes only, and
you should not rely upon the information provided. :-)
shikibobo-ga rated this answer:5 out of 5 stars

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