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PARRIS N. GLENDENING, Governor
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S.B. 142
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(2) INTENTIONALLY ENGAGES IN CONDUCT OR MAKES STATEMENTS
WITH REASON TO KNOW THAT THE OTHER PARTY OR ITS ELECTRONIC AGENT MAY
INFER FROM THE CONDUCT OR STATEMENT THAT THE PERSON ASSENTS TO THE
RECORD OR TERM.
(B) AN ELECTRONIC AGENT MANIFESTS ASSENT TO A RECORD OR TERM IF,
AFTER HAVING AN OPPORTUNITY TO REVIEW IT, THE ELECTRONIC AGENT:
(1) AUTHENTICATES THE RECORD OR TERM; OR
(2) ENGAGES IN OPERATIONS THAT IN THE CIRCUMSTANCES INDICATE
ACCEPTANCE OF THE RECORD OR TERM.
(C) IF THIS TITLE OR OTHER LAW REQUIRES ASSENT TO A SPECIFIC TERM, A
MANIFESTATION OF ASSENT MUST RELATE SPECIFICALLY TO THE TERM.
(D) CONDUCT OR OPERATIONS MANIFESTING ASSENT MAY BE PROVED IN ANY
MANNER, INCLUDING A SHOWING THAT A PERSON OR AN ELECTRONIC AGENT
OBTAINED OR USED THE INFORMATION OR INFORMATIONAL RIGHTS AND THAT A
PROCEDURE EXISTED BY WHICH A PERSON OR AN ELECTRONIC AGENT MUST HAVE
ENGAGED IN THE CONDUCT OR OPERATIONS IN ORDER TO DO SO. PROOF OF
COMPLIANCE WITH SUBSECTION (A)(2) OF THIS SECTION IS SUFFICIENT IF THERE IS
CONDUCT THAT ASSENTS AND SUBSEQUENT CONDUCT THAT REAFFIRMS ASSENT BY
ELECTRONIC MEANS.
(E) WITH RESPECT TO AN OPPORTUNITY TO REVIEW, THE FOLLOWING RULES
APPLY:
(1) A PERSON HAS AN OPPORTUNITY TO REVIEW A RECORD OR TERM
ONLY IF IT IS MADE AVAILABLE IN A MANNER THAT OUGHT TO CALL IT TO THE
ATTENTION OF A REASONABLE PERSON AND PERMIT REVIEW.
(2) AN ELECTRONIC AGENT HAS AN OPPORTUNITY TO REVIEW A
RECORD OR TERM ONLY IF IT IS MADE AVAILABLE IN MANNER THAT WOULD ENABLE
A REASONABLY CONFIGURED ELECTRONIC AGENT TO REACT TO THE RECORD OR
TERM.
(3) IF A RECORD OR TERM IS AVAILABLE FOR REVIEW ONLY AFTER A
PERSON BECOMES OBLIGATED TO PAY OR BEGINS ITS PERFORMANCE, THE PERSON
HAS AN OPPORTUNITY TO REVIEW ONLY IF IT HAS A RIGHT TO A RETURN IF IT
REJECTS THE RECORD. HOWEVER, A RIGHT TO A RETURN IS NOT REQUIRED IF:
(A) THE RECORD PROPOSES A MODIFICATION OF CONTRACT OR
PROVIDES PARTICULARS OF PERFORMANCE UNDER § 21-305 OF THIS TITLE; OR
(B) THE PRIMARY PERFORMANCE IS OTHER THAN DELIVERY OR
ACCEPTANCE OF A COPY, THE AGREEMENT IS NOT A MASS-MARKET TRANSACTION,
AND THE PARTIES AT THE TIME OF CONTRACTING HAD REASON TO KNOW THAT A
RECORD OR TERM WOULD BE PRESENTED AFTER PERFORMANCE, USE, OR ACCESS
TO THE REFORMATION BEGAN.
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- 3657 -
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