Utah Code 46-4-105. Use of electronic records and electronic signatures — Variation by agreement
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(1) This chapter 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.
Terms Used In Utah Code 46-4-105
- 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 given the effect of agreements under laws otherwise applicable to a particular transaction. See Utah Code 46-4-102
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 46-4-102
- Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Utah Code 46-4-102
- Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Utah Code 46-4-102
- 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 Utah Code 46-4-102
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- 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 Utah Code 46-4-102
(2)
(2)(a) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means.
(2)(b) Whether or not the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.
(3)
(3)(a) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means.
(3)(b) The right granted by Subsection (3)(a) may not be waived by agreement.
(4)
(4)(a) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement.
(4)(b) The presence in certain provisions of this chapter 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.
(5) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.