Again, you did not make any such distinction in your original post.  You are mistaken in your belief that a disclaimer is not a contract.  Contracts (which often contain disclaimers, waivers and indemnity clauses) can and do limit liability under certain circumstances.  You are certainly free to disagree if you like, but my "anagoly" is firmly on point.

Words DO mean things and language is a very precise tool.  We should all endeavor to exercise a reasonable degree of skill in its proper use.

Regards,
Scott Perry