Does the ALL CAPS mean that it's REALLY IMPORTANT?

January 30, 2007 12:49 AM

Why are the "Disclaimer of Warranty" and "Limitation of Liability" sections in terms of services presented in all caps?

A quick search through the first page of Google results shows that most (if not all) terms of use include giant paragraphs of ALL CAPS text under the headings "Disclaimer of Warranty" and "Limitation of Liability." Are these sections ESPECIALLY IMPORTANT?

posted by rhapsodie to law & government (6 comments total)

Try here.
posted by MadamM at 12:59 AM on January 30, 2007 [1 favorite]

Ironically, in 'Ogilvy on advertising', you will learn that ALL CAPS is a lot harder to read than normal print. I'm guessing this was a very convenient 'obligation' for the MegaCorps to accept.
posted by NekulturnY at 1:04 AM on January 30, 2007

I'd just like to add here that many references to caps are from the days before there was other forms of accepted emphasis. This is why there's a caps lock key on modern keyboards.. not just to make it easier for teenagers to make their MySpace even uglier, but for legacy support.
posted by sipher at 7:46 AM on January 30, 2007

Ditto to MadamM; they're required to be Conspicuious.
posted by craven_morhead at 10:07 AM on January 30, 2007

The Uniform Commercial Code, which has been enacted in all the states (except partially in Louisiana) requires that certain disclaimers be conspicuous and defines ALL CAPITAL LETTERS as automatically being conspicuous.
posted by KRS at 11:33 AM on January 30, 2007

Thaks, MadamM. I must have been searching the wrong tags and phrases.
posted by rhapsodie at 2:01 PM on January 30, 2007