The long and short of e-mail disclaimers

25.02.2009 | Author: Eric Reiss
I've long be fascinated by disclaimers of various sorts. For example, on U.S. television, the fine print included in pharmaceutical ads is so fine that I cannot read it, even having captured it on DVD and clicked through frame-by-frame. Is there some evidence that Americans are living longer, safer lives thanks to this silly legal requirement? I'm always amused when the letter of the law takes precedence over the intention of the law.

Most of the e-mail I receive also includes a disclaimer of some kind. Here's a typical example:

"The information in this e-mail (including attachments, if any) is considered confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply e-mail, delete this e-mail, and do not disclose its contents to anyone. Any opinions expressed in this e-mail are those of the individual and not necessarily the XYZ Group. Thank you."

I thought the "thank you" was a nice touch. Very polite. Very Danish.

Earlier today, I got what must be the Big Daddy of all disclaimers from a financial investment house:

"The information contained in the linked e-mail transmission and any attachments may be privileged and confidential and is intended only for the use of the person(s) named in the linked e-mail transmission. If you are not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you should not review, disseminate, distribute or duplicate this e-mail transmission or any attachments. If you are not the intended recipient, please contact the sender immediately by reply e-mail and destroy all copies of the original message. We do not accept account orders and/or instructions related to XYZ Company products or services by e-mail, and therefore will not be responsible for carrying out such orders and/or instructions. The linked e-mail transmission and any attachments are provided for informational purposes only and should not be construed in any manner as any solicitation or offer to buy or sell any investment opportunities or any related financial instruments and should not be construed in any manner as a public offer of any investment opportunities or any related financial instruments. If you, as the intended recipient of the linked e-mail transmission, the purpose of which is to inform and update our clients, prospects and consultants of developments relating to our services and products, would not like to receive further e-mail orrespondence from the sender, please "reply" to the sender indicating your wishes. Although we attempt to sweep e-mail and attachments for viruses, we will not be liable for any damages arising from the alteration of the contents of this linked e-mail transmission and any attachments by a third party or as a result of any virus being passed on. Please note: business instructions sent electronically to XYZ Company shall not be deemed accepted until a representative of XYZ Company acknowledges receipt electronically or by telephone. Comments in the linked e-mail transmission and any attachments are part of a larger body of investment analysis. For our research reports, which contain information that may be used to support investment decisions, and disclosures, see our website at
www.xyzcompany.com."

Yikes...very...um...er...American.

Here at FatDUX, we use the following:

"If you received this in error, please let us know and delete the file. FatDUX advises all recipients to virus scan all emails, and to eat five portions of fruit and vegetables daily."

As far as I know, both our e-mails and clients are in perfect health.

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