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.

Terms Used In Arizona Laws 44-7005

  • Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures that are given the effect of agreements under laws otherwise applicable to a particular transaction. See Arizona Laws 44-7002
  • Electronic: means relating to technology that has electrical, digital, magnetic, wireless, optical or electromagnetic capabilities or similar capabilities. See Arizona Laws 44-7002
  • Electronic record: means a record that is created, generated, sent, communicated, received or stored by electronic means. See Arizona Laws 44-7002
  • Electronic signature: means an electronic sound, symbol or process that is attached to or logically associated with a record and that is executed or adopted by an individual with the intent to sign the record. See Arizona Laws 44-7002
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form. See Arizona Laws 44-7002
  • Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial or governmental affairs. See Arizona Laws 44-7002

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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