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PARRIS N. GLENDENING, Governor
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Ch. 8
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21-103. PROSPECTIVE APPLICATION.
THIS TITLE APPLIES TO ANY ELECTRONIC RECORD OR ELECTRONIC SIGNATURE
CREATED. GENERATED, SENT, COMMUNICATED, RECEIVED, OR STORED ON OR
AFTER THE EFFECTIVE DATE OF THIS TITLE.
21-104. USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; VARIATION
BY AGREEMENT.
(A) THIS TITLE 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.
(B) (1) THIS TITLE APPLIES ONLY TO TRANSACTIONS BETWEEN PARTIES,
EACH OF WHICH HAS AGREED TO CONDUCT TRANSACTIONS BY ELECTRONIC MEANS.
(2) WHETHER THE PARTIES HAVE AGREED TO CONDUCT A
TRANSACTION BY ELECTRONIC MEANS IS DETERMINED FROM THE CONTEXT AND
SURROUNDING CIRCUMSTANCES, INCLUDING THE PARTIES' CONDUCT.
(3) EXCEPT FOR A SEPARATE AND OPTIONAL AGREEMENT THE PRIMARY
PURPOSE OF WHICH IS TO AUTHORIZE A TRANSACTION TO BE CONDUCTED BY
ELECTRONIC MEANS, A PROVISION TO CONDUCT A TRANSACTION ELECTRONICALLY
MAY NOT BE CONTAINED IN A STANDARD FORM CONTRACT UNLESS THAT PROVISION
IS CONSPICUOUSLY DISPLAYED AND SEPARATELY CONSENTED TO.
(4) AN AGREEMENT TO CONDUCT A TRANSACTION ELECTRONICALLY
MAY NOT BE INFERRED SOLELY FROM THE FACT THAT A PARTY HAS USED
ELECTRONIC MEANS TO PAY AN ACCOUNT OR REGISTER A PURCHASE WARRANTY.
(5) THIS SUBSECTION MAY NOT BE VARIED BY AGREEMENT.
(C) (1) A PARTY THAT AGREES TO CONDUCT A TRANSACTION BY
ELECTRONIC MEANS MAY REFUSE TO CONDUCT OTHER TRANSACTIONS BY
ELECTRONIC MEANS.
(2) THE RIGHT GRANTED BY THIS SUBSECTION MAY NOT BE WAIVED BY
AGREEMENT.
(D) (1) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, THE EFFECT OF
ANY OF ITS PROVISIONS MAY BE VARIED BY AGREEMENT.
(2) THE PRESENCE IN PROVISIONS OF THIS TITLE 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.
(E) WHETHER AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE HAS
LEGAL CONSEQUENCES IS DETERMINED BY THIS TITLE AND OTHER APPLICABLE
LAW.
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- 47 -
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