What is the purpose of a disclaimer like &quot;this is not legal advice&quot;? If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"? For the purposes of this question, I assume legal advice means one party instructing another party on how to comply with laws (like a consultant might do). Do they disclaim some kind of liability? Do they merely avoid suggesting they are lawyers when they're not?
In most jurisdictions, practicing law without a bar license is a serious offence, which, inter alia, is the primary reason why a non-lawyer would use this disclaimer. Lawyers also use this disclaimer to avoid any 'constructive implication' of attorney-client relationship.
We cannot and will not try to answer &quot;what should i do?&quot; questions here. Nothing in the linked page makes me think that the views expressed in the previous question here are any less correct. They certainly have not changed the law on copyright. The linked page is an open forum. Many of the posts o9n that thread express ill-informed and incorrect views of how copyright works, and what it protects. Several google searchs find no trace of the suit described in the thread. Note that in US law no copyright claim may be heard in a small claims court, except for the federal copyright office's small claims tribunal. I am not sure if the same is true in Canada, but it might be that the suit was simply dismissed on such a basis. In any case small claims cases do not establish legal precedents in Canada or the US. Of course it is true that anyone can sue over almost anything, even when there is no valid legal basis for the suit. If the suit had been won by the claimant, or even settled that would be larger grounds for worry. A person seriously worried over publishing a book such as that described in the question might do well to consult a lawyer with relevant expertise. A single consultation plus an opinion letter might not cost very much. But 17 USC 102 (b) is very clear that copyright never protects facts, as are the copyright laws of other countries. Note that reports of the events of sports matches are not protected by copyright, although expressive language and analysis may be. 17 USC 102 (b) reads: (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. Article 2 paragraph (8) of the Berne Copyright Convention provides that: (8) The protection of this Convention shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information. There seems little room for copyright protection of the moves of chess games.
A disclaimer claiming to disclaim authors of content on the website can/cannot protect those authors depending upon: Visibility of the Disclaimer on the website On whether it can be proved that the disclaimer was included intentionally to be brought into the user's notice. Location of the dispute. In United States many courts have ruled in favor of the disclaimers if the were strategically placed not to be missed by the user. In European Union on the other hand there is a directive which strikes down legal obligations which have been imposed and this would make disclaimers unenforceable. For more information, please refer This Link
"as is" is likely in quotation marks because it reflects its usage in the Uniform Commercial Code. Although in the UCC it is reasonably clear that the quotation marks serve to delineate the example from the text, legal drafting is generally precise and by using the same form it unambiguously refers to its usage therein. Another reason is that in this circumstance, it doesn't necessarily take on its ordinary meaning, but rather the meaning stipulated, and with the effect stipulated, in the UCC. Finally, the UCC stipulates that the exclusion of warranty must be conspicuous. Adding quotation marks may help to show that it was set apart from the rest of the text.
What would be the legal validity of this behaviour? Your changes to the browser source of the website contract or license of Terms of Service (TOS) - essentially a "click-wrap" license - before agreeing to it means nothing in a legal sense, other than to void the contract. The other party (the website) can't possibly agree to those contract changes without them being submitted as contractual changes and agreeing to them, if they did agree to them. That's basic contract law. That website TOS probably has a clause that says that if you don't agree to the TOS in full, as written, without modifications, you can't use the website. And the TOS may also say that they reserve the right to prevent you from using the site by closing your account or even blocking your access. Your "witness" to the contract changes is meaningless, as your witness is not a party to the contract. And any witness to the fact that you have changed the terms of the TOS before agreeing to it would work against you in a civil proceeding as proof of your attempt at modifying the contract.
Off the top of my head, unless there's a provision that says otherwise, no, they cannot do that. Obviously, I can't tell you if there's a provision that says otherwise. Consult a lawyer for more specific advice.
the first two highlighted parts seem to contradict each other. No, in this case they do not. The first highlighted portion refers to works or items produced "for or under the direction of the Company", whereas the second highlight refers to your creations that satisfy conditions (a) and (b). Where contradictions actually exist, the doctrine of contra proferentem entitles you (the non-draftsman of the contract) to adopt the portion or reasonable interpretation that favors your legal position. Also wondering how valid those statements actually are They are valid and become enforceable as soon as you sign the contract or your subsequent conduct reflects your acceptance thereof. it's a matter of privacy. So the question is what I can do or what the reality is of the situation The reality is that you are asked to sign a contract that is abusive and ridiculous. One vulnerability from describing your inventions (presumably in Appendix A) is that the employer gets "irrevocable, worldwide, etc" rights on them as soon as you "use or disclose any [items listed in Appendix A] when acting within the scope of [your] employment". This means that if instead of reinventing the wheel you share or apply any portion of your prior creations so as to enhance your productivity, you knowingly and irreversibly grant to the employer perpetual rights to those items. Legal disputes regarding APIs can become extremely intricate. And, since judges usually have no decent background on IT, even those few judges with integrity are unlikely to grasp the key subtleties that would lead to a correct ruling. "not useful with or related to any Company Interest" is very vague. The company could be interested in literally anything these days. Clauses which are too vague or excessively wide-encompassing are supposedly stricken as unconscionable, unenforceable, etc. However, I personally would foreclose upfront the risk of judicial hassle and decline the abusive contract. Legal issues aside, keep in mind that you are offering your expertise (in terms of supply &amp; demand, you are on the supply side). This fact has a less derogatory connotation than "asking for a job". Accordingly, the relation between the parties should be more leveled.
For paper contracts there are even statutory &quot;prominence&quot; requirements, generally applicable to &quot;disclaimers&quot;: see this Q&amp;A (using local talent), based on UCC §2-316. In a given jurisdiction there will be various contexts where a disclaimer must be made prominently such as in Washington this one regulating life insurance contracts that there must be a &quot;prominent statement that the contract does not provide cash surrender values if such is the case&quot;. &quot;Onerous contract&quot; is taken to be an accounting term about costing too much to comply, and I assume (from recent context) that you don't mean that specialized usage. This article goes through US law in terms of website agreements, which are one kind of &quot;fine print&quot;: the points here apply to paper contracts as well. If the terms are not physically in &quot;the agreement&quot;, they they must be incorporated by reference, thus &quot;some reference must be in the contract that the customer actually sees it&quot;, see E.J. Rogers, Inc. v. UPS, 338 F. Supp. 2d 935. Various cases address the amount of notice required (Manasher v. NECC: must &quot;indicate a clear intent that the provisions would be considered part of the agreement&quot;). International Star Registry of Illinois v. Omnipoint Marketing clearly established that a signed paper contract can refer to online terms (url provided, a &quot;have read and agree...&quot; statement above the physical signature). For clickwrap contracts, see Hugger-Mugger, L.L.C. v. NetSuite – clicking agree means that you are held to have read and understood the terms, as long as the terms meet the standard for incorporation by reference. The central requirement of notice is that there has to be a clear indication that the external document is incorporated into the contract, and the party must be clearly told where that document is. While a seller / service-provider can change the terms of a contract, those changes do not automatically apply to an existing party to an earlier version – Douglas v. US District Court, 495 F.3d 1062 and references therein – unless the customer is actively notified of a change in terms. As far as I know, there is no case law establishing a computational specification of what it means to &quot;notify&quot; a customer of incorporated terms. There are plenty of terrible web pages where links go nowhere (can fine print be in invisible ink?). One might assume that a diligent customer would trace all of the relevant documents to see what they agreed to if they are told that they must agree to these non-existent terms. One might also assume that since there is nothing there, agreeing to a null document adds nothing to the contract, and the vendor bears the responsibility for making the terms actually findable, though they bear no responsibility for making sure the customer looked.