KONGREGATE AND ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY DISCLAIM (A) ANY WARRANTY FOR THE PLATFORM, THE CONTENT AND SERVICES, AND (B) ANY COMMON LAW DUTIES WITH REGARD TO THE PLATFORM, THE CONTENT AND SERVICES, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. THE PLATFORM, THE CONTENT AND SERVICES, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.