|
I agree - but will be quick to point out - destroying matters that may be linked to a suite is dangerous. Deleting warnings that might stop others from incuring loss is dangerous.
Remove - yes - Delete NO!
Which dangers do you want cover from and which don't you? The protection Matt and others want is clear (and very reasonable) - the way he is thinking about achieving this might expose him to more risk than a layperson intuits - as Australain examples in the financial services sector showed last year - when brokers where named for giving bad advice, potential defamatory comments where made - comments where struck down - the lawyers supeonaed the comments - they couldn't be provided - there was dispute over which acts covered internet web sites - the site then became liable for deleting the posts - in a word mess!
I wonder if you'd be better off with a disclaimer recognising the site allows you to relate experiences, ask question and hear opinions - but warrants none of the advice given nor expressly or implied shares views and opinions stated.
Could the right type of disclaimer - copied from a major web site e.g. is below
This sites been active for many years (and around 3,000,000 posts) - I think we hammered out the rules reasonably well, and given a publisher owns it - their lawyers worked out the right sort of language to cover the risks of otherwise good folk doing something idiotic. Initially they were saying delete bad stuff - until they realised this was potential destroying discoverable evidence...
Enhance your disclaimer and terms of acceptable usage to minimise any third party liability
From common usage policy of major publishers - to indemnify them (note they use remove - not delete offensive material!) ...
4. Monitoring.
IIS shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by IIS from time to time. IIS shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, IIS shall have the right, but not the obligation, to remove any material that IIS, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of IIS, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither IIS nor any of its affiliates shall assume or have any liability for any action or inaction by IIS with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
5. Disclaimer of Warranty; Limitation of Liability
A. You expressly agree that use of the community areas and the IIS site is at your sole risk. Neither IIS, its affiliates or any of their respective employees, agents, third party content providers or licensors warrant that the IIS site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the IIS site or as to the accuracy, reliability or content of any information, service or products provided through the sites or the community areas.
B. The IIS site and the community areas are provided on an "As Is", "As Available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties if merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
C. The Disclaimers of liability contained in this section 5 apply to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that IIS is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
D. In no event will IIS or any person or entity involved in creating, producing or distributing the IIS site be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the IIS sites or out of the breach of any warranty. You hereby acknowledge that the provisions of this section 5 shall apply to all content on the IIS site and/or the community areas. IIS's liability to users, if any, shall in no event exceed the total amount paid to IIS. IIS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the IIS sites, nor for any offensive, defamatory or obscene posting made on the community areas by anyone other than authorized IIS employee spokespersons while acting in their official capacities. Under no circumstances will IIS be liable for any loss or damage caused by your reliance on information obtained through either the content on the IIS site and/or any postings on the community areas. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the IIS site and/or the community areas. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
F. IIS does not endorse, warrant or guarantee any products or services offered through the IIS sites and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use you best judgement and exercise caution where appropriate. IIS makes products or service available on the IIS site without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
G. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. Neither IIS nor its third party content providers shall have any liability for investment decisions based upon, or the results obtained from, the content provided herein. Neither IIS nor its third party content providers guarantee or warrant the timeliness, sequence, accuracy, or completeness or any such information. Nothing contained in the IIS sites shall be construed as investment advice. IIS is not a registered broker-dealer or investment advisor and does not give investment advice.
6. Indemnification.
You agree to defend, indemnify and hold harmless IIS, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the IIS Site and/or the Community Areas.
|