59.1-504.4 - Implied warranty; informational content. - Virginia Statutes

§ 59.1-504.4. Implied warranty; informational content.

(a) Unless the warranty is disclaimed or modified, a merchant that, in aspecial relationship of reliance with a licensee, collects, compiles,processes, provides, or transmits informational content warrants to thatlicensee that there is no inaccuracy in the informational content caused bythe merchant's failure to perform with reasonable care.

(b) A warranty does not arise under subsection (a) with respect to:

(1) subjective characteristics of the informational content, such as theaesthetics, appeal, and suitability to taste;

(2) published informational content; or

(3) a person that acts as a conduit or provides no more than editorialservices in collecting, compiling, distributing, processing, providing, ortransmitting informational content that under the circumstances can beidentified as that of a third person.

(c) The warranty under this section is not subject to the preclusion in §59.1-501.15 (b) (1) on disclaiming obligations of diligence, reasonableness,or care.

(2000, cc. 101, 996; 2004, c. 794.)