Is a website disclaimer that doesn't require clicking "I Agree" worth anything?

[mpcremata]

I know that making the user formally accept the terms of a disclaimer makes it much more effective, legally. Doing this, however, can really destroy the flow and functionality of a website. Is a non-clickable disclaimer worth anything? Aside from making it plain, pithy, and visible, can anyone offer any advice on how to maximize the legal enforceability of a disclaimer? Can you direct me to case law dealing with ineffective disclaimers on websites? Thanks very much!

[websolutions]

I am not a legal expert. But when you are visiting some other website, you are using their property. It becomes your duty to see their terms and conditions or disclaimers. If the website does not publish them, you may ask them to do so or request the link.

[quincy]

No disclaimer, no matter how carefully worded, can protect a website from a lawsuit. Many websites rely, instead, on insurance, to cover the costs of any lawsuit that may arise from the content on their sites.

For what I believe is the best blog disclaimer, check out "legal redux: Herche's Blog Disclaimer," written by Cody Herche. I think it covers pretty much everything that needs to be covered in a disclaimer.