Arizona Revised Statutes Title 44. Trade and Commerce § 44-7002. Definitions




In this chapter, unless the context otherwise requires:

1. “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures that are given the effect of agreements under laws otherwise applicable to a particular transaction.

2. “Automated transaction” means a transaction that is conducted or performed, in whole or in part, by electronic means or electronic records and in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract or fulfilling an obligation that is required by the transaction.

3. “Computer program” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

4. “Contract” means the total legal obligation resulting from the parties' agreement as affected by this chapter and any other applicable law.

5. “Electronic” means relating to technology that has electrical, digital, magnetic, wireless, optical or electromagnetic capabilities or similar capabilities.

6. “Electronic agent” means a computer program or an electronic or other automated means that is used independently to initiate an action or respond to electronic records or performances, in whole or in part, without review or action by an individual.

7. “Electronic record” means a record that is created, generated, sent, communicated, received or stored by electronic means.

8. “Electronic signature” means an electronic sound, symbol or process that is attached to or logically associated with a record and that is executed or adopted by an individual with the intent to sign the record.

9. “Governmental agency” means an executive, legislative or judicial agency, department, board, commission, authority, institution or instrumentality of the federal government or a state or of a county or municipality or other political subdivision of a state.

10. “Information” means data, text, images, sounds, codes, computer programs, software or databases or similar items.

11. “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying or processing information.

12. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency or public corporation or any other legal or commercial entity.

13. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form.

14. “Security procedure” means a procedure that is employed to verify that an electronic signature, record or performance is that of a specific person or to detect changes or errors in the information in an electronic record.  Security procedure includes a procedure that requires the use of algorithms or other codes, identifying words or numbers or encryption, callback or other acknowledgment procedures.

15. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.  State includes an Indian tribe or band or Alaskan native village that is recognized by federal law or formally acknowledged by another state.

16. “State agency” means any department, commission, board, institution or other agency of the state that receives, expends or disburses state funds or incurs obligations of the state, including the Arizona board of regents but excluding the universities under the jurisdiction of the Arizona board of regents, the community college districts and the legislative or judicial branches.

17. “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial or governmental affairs.





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