(a) This chapter shall not require that a certain file, document or signature be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic media.
(b) This chapter shall only apply to transactions between two or more parties, each of which has agreed to conduct transactions by electronic means. Upon determining whether the parties have agreed to conduct transactions by electronic means, the context and circumstances surrounding the transaction, including the conduct of the parties, shall be taken into consideration.
(c) Any person who agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. This right shall not be waived by means of agreement.
(d) Except as provided in this chapter, the effect of any of its provisions may be varied by agreement between the parties. The presence of the phrase “unless otherwise agreed” or any phrase of a similar nature in any provision of this chapter does not imply that other provisions may not be varied by agreement between the parties.
(e) The legal consequences of any electronic documents or signatures shall be determined pursuant to this chapter and any other applicable laws.
History —Aug. 8, 2006, No. 148, § 5.