3. Disclaimer of Warranties. A warranty is a promise by the seller of a product or service that the product or service is as represented. It may be an express warranty, which arises from the representation of the seller, or an implied warranty, which arises by operation of law. Common warranties include: (1) the implied warranty of merchantability (or fitness for the ordinary purposes for which the product is to be used) - a guarantee to the buyer that the product conforms to ordinary standards of care and that they are of the same average grade, quality, and value as similar goods sold under similar circumstances; (2) the implied warranty of fitness for a particular purpose - a guarantee to the buyer that the product is fit for the particular, nonordinary purpose, for which it is to be used; and (3) the warranty of non-infringement - a guarantee provided by a merchant who regularly deals in a particular type of product that the product does not infringe the intellectual property rights of any other person.
While Google indicates that it provides its services "using a commercially reasonable level of skill and care," its Terms of Service also provides that:
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
Similarly, Facebook provides that:
WE ARE PROVIDING FACEBOOK AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.