Terms Used In Virginia Code > Title 18.2 > Chapter 12 - Miscellaneous

• Access contract: means a contract to obtain by electronic means access to, or information from, an information processing system of another person, or the equivalent of such access. See Virginia Code 59.1-501.2
• Access material: means any information or material, such as a document, address, or access code, that is necessary to obtain authorized access to information or control or possession of a copy. See Virginia Code 59.1-501.2
• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Aggrieved party: means a party entitled to a remedy for breach of contract. See Virginia Code 59.1-501.2
• Agreement: means the bargain of the parties in fact as found in their language or by implication from other circumstances, including course of performance, course of dealing, and usage of trade as provided in this chapter. See Virginia Code 59.1-501.2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Automated transaction: means a transaction in which a contract is formed in whole or part by electronic actions of one or both parties that are not previously reviewed by an individual in the ordinary course. See Virginia Code 59.1-501.2
• Bank: means any national bank, any bank organized under Chapter 8 (§ 6. See Virginia Code 6.2-300
• Bicycle: means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, including children's bicycles, except a toy vehicle intended for use by young children. See Virginia Code 46.2-100
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commercial dealing: shall mean any offer, acceptance, agreement, or solicitation to sell or offer to sell or distribute goods, services or construction, to the Commonwealth of Virginia, or any local government within the Commonwealth or any department or agency thereof. See Virginia Code 18.2-498.2
• Computer: means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions. See Virginia Code 59.1-501.2
• Computer information: means information in electronic form that is obtained from or through the use of a computer or that is in a form capable of being processed by a computer. See Virginia Code 59.1-501.2
• Computer program: means a set of statements or instructions to be used directly or indirectly in a computer to bring about a certain result. See Virginia Code 59.1-501.2
• 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. See Virginia Code 59.1-501.2
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Virginia Code 59.1-501.2
• 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. See Virginia Code 59.1-501.2
• Course of dealing: means a sequence of previous conduct between the parties to a particular transaction which establishes a common basis of understanding for interpreting their expressions and other conduct. See Virginia Code 59.1-501.2
• Course of performance: means repeated performances, under a contract that involves repeated occasions for performance, which are accepted or acquiesced in without objection by a party having knowledge of the nature of the performance and an opportunity to object to it. See Virginia Code 59.1-501.2
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 59.1-501.2
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: includes a guardian, committee, trustee, executor, conservator, or personal representative. See Virginia Code 64.2-100
• Financial accommodation contract: means an agreement under which a person extends a financial accommodation to a licensee and which does not create a security interest governed by Title 8. See Virginia Code 59.1-501.2
• Financier: means a person that provides a financial accommodation to a licensee under a financial accommodation contract and either (i) becomes a licensee for the purpose of transferring or sublicensing the license to the party to which the financial accommodation is provided or (ii) obtains a contractual right under the financial accommodation contract to preclude the licensee's use of the information or informational rights under a license in the event of breach of the financial accommodation contract. See Virginia Code 59.1-501.2
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Goods: means all things that are movable at the time relevant to the computer information transaction. See Virginia Code 59.1-501.2
• Information: means data, text, images, sounds, mask works, or computer programs, including collections and compilations of them. See Virginia Code 59.1-501.2
• Informational content: means information that is intended to be communicated to or perceived by an individual in the ordinary use of the information, or the equivalent of that information. See Virginia Code 59.1-501.2
• Informational rights: include all rights in information created under laws governing patents, copyrights, mask works, trade secrets, trademarks, publicity rights, or any other law that gives a person, independently of contract, a right to control or preclude another person's use of or access to the information on the basis of the rights holder's interest in the information. See Virginia Code 59.1-501.2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• lane: means that portion of a roadway designed or designated to accommodate the forward movement of a single line of vehicles. See Virginia Code 46.2-100
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a contract that authorizes access to, or use, distribution, performance, modification, or reproduction of, information or informational rights, but expressly limits the access or uses authorized or expressly grants fewer than all rights in the information, whether or not the transferee has title to a licensed copy. See Virginia Code 59.1-501.2
• Licensee: means a person entitled by agreement to acquire or exercise rights in, or to have access to or use of, computer information under an agreement to which this chapter applies. See Virginia Code 59.1-501.2
• Licensor: means a person obligated by agreement to transfer or create rights in, or to give access to or use of, computer information or informational rights in it under an agreement to which this chapter applies. See Virginia Code 59.1-501.2
• Liquefied petroleum gas: shall mean any material which is composed predominately of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes (normal butane and isobutane) and butylenes. See Virginia Code 18.2-493
• Loan: means a loan or forbearance of money. See Virginia Code 6.2-300
• Mass-market license: means a standard form used in a mass-market transaction. See Virginia Code 59.1-501.2
• Merchant: means a person:

  (A) who deals in information or informational rights of the kind involved in the transaction;

  (B) who by the person's occupation holds himself out as having knowledge or skill peculiar to the relevant aspect of the business practices or information involved in the transaction; or

  (C) to whom the knowledge or skill peculiar to the practices or information involved in the transaction may be attributed by the person's employment of an agent or broker or other intermediary who by his occupation holds himself out as having the knowledge or skill. See Virginia Code 59.1-501.2

• Owner: shall mean any person who holds a written bill of sale under which title or ownership to a container was transferred to such person, or any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale. See Virginia Code 18.2-493
• Party: means a person that engages in a transaction or makes an agreement under this chapter. See Virginia Code 59.1-501.2
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental subdivision, instrumentality, or agency, public corporation, or any other legal or commercial entity. See Virginia Code 59.1-501.2
• Person: shall mean any person, firm or corporation. See Virginia Code 18.2-493
• Person: includes any natural person, any trust or association of persons, formal or otherwise, or any corporation, partnership, company or other legal or commercial entity. See Virginia Code 18.2-498.2
• person: is a ny person, firm, corporation, partnership or association. See Virginia Code 18.2-501
• person: means any individual, partnership, corporation or association. See Virginia Code 18.2-506
• Person: means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or other legal or commercial entity. See Virginia Code 6.2-100
• Personal representative: includes the executor under a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 64.2-100
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• prepare: means to put into condition for intended use. See Virginia Code 18.2-506
• Probate: Proving a will
• Published informational content: means informational content prepared for or made available to recipients generally, or to a class of recipients, in substantially the same form. See Virginia Code 59.1-501.2
• Receipt: means :

  (A) with respect to a copy, taking delivery; or

  (B) with respect to a notice:

  (i) coming to a person's attention; or

  (ii) being delivered to and available at a location or system designated by agreement for that purpose or, in the absence of an agreed location or system: (a) being delivered at the person's residence, or the person's place of business through which the contract was made, or at any other place held out by the person as a place for receipt of communications of the kind; or (b) in the case of an electronic notice, coming into existence in an information processing system or at an address in that system in a form capable of being processed by or perceived from a system of that type by a recipient, if the recipient uses, or otherwise has designated or holds out, that place or system for receipt of notices of the kind to be given and the sender does not know that the notice cannot be accessed from that place. See Virginia Code 59.1-501.2

• Receive: means to take receipt. See Virginia Code 59.1-501.2
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 59.1-501.2
• revocation: means that the document or privilege revoked is not subject to renewal or restoration except through reapplication after the expiration of the period of revocation. See Virginia Code 46.2-100
• Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. See Virginia Code 46.2-100
• School bus: means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of the mentally or physically handicapped to and from a sheltered workshop; (ii) painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in § 46. See Virginia Code 46.2-100
• Shared-use path: means a bikeway that is physically separated from motorized vehicular traffic by an open space or barrier and is located either within the highway right-of-way or within a separate right-of-way. See Virginia Code 46.2-100
• Shoulder: means that part of a highway between the portion regularly traveled by vehicular traffic and the lateral curbline or ditch. See Virginia Code 46.2-100
• Sidewalk: means the portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians. See Virginia Code 46.2-100
• Standard form: means a record or a group of related records containing terms prepared for repeated use in transactions and so used in a transaction in which there was no negotiated change of terms by individuals except to set the price, quantity, method of payment, selection among standard options, or time or method of delivery. See Virginia Code 59.1-501.2
• State: means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Virginia Code 59.1-501.2
• state agency: means the same as that term is defined in § 2. See Virginia Code 1-206
• Superintendent: means the Superintendent of the Department of State Police of the Commonwealth. See Virginia Code 46.2-100
• Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
• suspension: means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired prior to the end of the period of suspension. See Virginia Code 46.2-100
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Toy vehicle: means any motorized or propellant-driven device that has no manufacturer-issued vehicle identification number that is designed or used to carry any person or persons, on any number of wheels, bearings, glides, blades, runners, or a cushion of air. See Virginia Code 46.2-100
• Traffic infraction: means a violation of law punishable as provided in § 46. See Virginia Code 46.2-100
• Trailer: means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes. See Virginia Code 46.2-100
• Truck: means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. See Virginia Code 46.2-100
• Usage of trade: means any practice or method of dealing that has such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. See Virginia Code 59.1-501.2
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
• Wheel chair or wheel chair conveyance: includes both three-wheeled and four-wheeled devices. See Virginia Code 46.2-100