(1) This part does not require a record or signature to be created, generated, sent,
communicated, received, stored, or otherwise processed or used by electronic means
or in electronic form.
(2) This part applies only to transactions between parties each of which has agreed
to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined
from the context and surrounding circumstances, including the parties' conduct.
(3) A party that agrees to conduct a transaction by electronic means may refuse to
conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(4) Except as otherwise provided in this part, the effect of any of its provisions
may be varied by agreement. The presence in certain provisions of this part of the words “unless otherwise agreed”,
or words of similar import, does not imply that the effect of other provisions may
not be varied by agreement.
(5) Whether an electronic record or electronic signature has legal consequences is
determined by this part and other applicable law.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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