44-7005. Use of electronic records and
signatures; variation by agreement
A. This chapter does not require a record or signature to be created, generated,
sent, communicated, received or stored or otherwise processed or used by electronic means
or in electronic form.
B. This chapter 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.
C. 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.
D. Except as provided in subsection C and otherwise provided in this chapter, the
effect of any of the provisions of this chapter may be varied by agreement. The words
"unless otherwise agreed", or other similar words, as used in this chapter do not imply
that the effect of other provisions may not be varied by agreement.
E. Whether an electronic record or electronic signature has legal consequences is
determined by this chapter and any other applicable law.
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