CODE OF VIRGINIA

IMPLIED WARRANTY; INFORMATIONAL CONTENT (§ 59.1-504.4)

a. Unless the warranty is disclaimed or modified, a merchant that, in a special
relationship of reliance with a licensee, collects, compiles, processes,
provides, or transmits informational content warrants to that licensee that
there is no inaccuracy in the informational content caused by the
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 the
   aesthetics, appeal, and suitability to taste;

   2. published informational content; or

   3. a person that acts as a conduit or provides no more than editorial services
   in collecting, compiling, distributing, processing, providing, or transmitting
   informational content that under the circumstances can be identified 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.

HISTORY: 2000, cc. 101, 996; 2004, c. 794.