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Ch. 11
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2000 LAWS OF MARYLAND
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ELECTRONIC AGENT TO TAKE IT INTO ACCOUNT OR REACT TO IT WITHOUT REVIEW
OF THE RECORD BY AN INDIVIDUAL. CONSPICUOUS TERMS INCLUDE THE
FOLLOWING:
(A) WITH RESPECT TO A PERSON:
(I) A HEADING IN CAPITALS IN A SIZE EQUAL TO OR EQUAL
TO OR GREATER THAN, OR IN CONTRASTING TYPE, FONT, OR COLOR TO, THE
SURROUNDING TEXT;
(II) LANGUAGE IN THE BODY OF A RECORD OR DISPLAY IN
LARGER OR OTHER CONTRASTING TYPE, FONT, OR COLOR OR SET OFF FROM THE
SURROUNDING TEXT BY SYMBOLS OR OTHER MARKS THAT DRAW ATTENTION TO THE
LANGUAGE; AND
(III) A TERM PROMINENTLY REFERENCED IN AN ELECTRONIC
RECORD OR DISPLAY WHICH IS READILY ACCESSIBLE OR REVIEWABLE FROM THE
RECORD OR DISPLAY; AND
(B) WITH RESPECT TO A PERSON OR AN ELECTRONIC AGENT, A
TERM OR REFERENCE TO A TERM THAT IS SO PLACED IN A RECORD OR DISPLAY THAT
THE PERSON OR ELECTRONIC AGENT CANNOT PROCEED WITHOUT TAKING ACTION
WITH RESPECT TO THE PARTICULAR TERM OR REFERENCE.
(15) "CONSUMER" MEANS AN INDIVIDUAL WHO IS A LICENSEE OF
INFORMATION OR INFORMATIONAL RIGHTS THAT THE INDIVIDUAL AT THE TIME OF
CONTRACTING INTENDED TO BE USED PRIMARILY FOR PERSONAL, FAMILY, OR
HOUSEHOLD PURPOSES. THE TERM DOES NOT INCLUDE AN INDIVIDUAL WHO IS A
LICENSEE PRIMARILY FOR PROFESSIONAL OR COMMERCIAL PURPOSES, INCLUDING
AGRICULTURE, BUSINESS MANAGEMENT, AND INVESTMENT MANAGEMENT OTHER
THAN MANAGEMENT OF THE INDIVIDUAL'S PERSONAL OR FAMILY INVESTMENTS.
(16) "CONSUMER CONTRACT" MEANS A CONTRACT BETWEEN A
MERCHANT LICENSOR AND A CONSUMER
(17) "CONTRACT" MEANS THE TOTAL LEGAL OBLIGATION RESULTING
FROM THE PARTIES' AGREEMENT AS AFFECTED BY THIS TITLE AND OTHER
APPLICABLE LAW.
(18) "CONTRACT FEE" MEANS THE PRICE, FEE, RENT, OR ROYALTY
PAYABLE IN A CONTRACT UNDER THIS TITLE OR ANY PART OF THE AMOUNT
PAYABLE.
(19) "CONTRACTUAL USE TERM" MEANS AN ENFORCEABLE TERM THAT
DEFINES OR LIMITS THE USE, DISCLOSURE OF, OR ACCESS TO LICENSED
INFORMATION OR INFORMATIONAL RIGHTS, INCLUDING A TERM THAT DEFINES THE
SCOPE OF A LICENSE.
(20) "COPY" MEANS THE MEDIUM ON WHICH INFORMATION IS FIXED ON
A TEMPORARY OR PERMANENT BASIS AND FROM WHICH IT CAN BE PERCEIVED,
REPRODUCED, USED, OR COMMUNICATED, EITHER DIRECTLY OR WITH THE AID OF A
MACHINE OR DEVICE.
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