§ 59.1-504.4 – Implied warranty; informational content

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.