§ 59.1-501.1. Title
This chapter may be cited as the Uniform Computer Information Transactions Act. 2000, cc. 101, 996.
§ 59.1-501.10. Contractual choice of forum
(a) The parties in their agreement may choose an exclusive judicial forum unless the choice is unreasonable or unjust. (b) A judicial forum specified in an agreement is not exclusive unless the agreement expressly so provides and, in a mass-market transaction, expressly and conspicuously so provides. 2000, cc. 101, 996; 2001, c. 763.
§ 59.1-501.11. Unconscionable contract or term
(a) If a court as a matter of law finds a contract or a term thereof to have been unconscionable at the time it was made, the court may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable term, or limit the application of the unconscionable term so as to […]
§ 59.1-501.12. Manifesting assent
(a) A person manifests assent to a record or term if the person, acting with knowledge of, or after having an opportunity to review the record or term or a copy of it: (1) authenticates the record or term with intent to adopt or accept it; or (2) intentionally engages in conduct or makes statements […]
§ 59.1-501.13:1. Opportunity to review
(a) A person has an opportunity to review a record or term only if it is made available in a manner that ought to call it to the attention of a reasonable person and permit review. (b) An electronic agent has an opportunity to review a record or term only if it is made available […]
§ 59.1-501.13. Repealed
Repealed by Acts 2004, c. 794.
§ 59.1-501.14:1. Pretransaction disclosures in Internet-type transactions
This section applies to a licensor that makes its computer information available to a licensee by electronic means from its Internet or similar electronic site. In such a case, the licensor affords an opportunity to review the terms of a standard form license, which opportunity satisfies § 59.1-501.13:1 with respect to a licensee that acquires […]
§ 59.1-501.14. Repealed
Repealed by Acts 2004, c. 794.
§ 59.1-501.15. Variation by agreement; commercial practice
(a) The effect of any provision of this chapter, including an allocation of risk or imposition of a burden, may be varied by agreement of the parties. (b) The following rules are not variable by agreement: (1) Obligations of good faith, diligence, reasonableness, and care imposed by this chapter may not be disclaimed by agreement, […]
§ 59.1-501.16. Supplemental principles; good faith; commercial practice
(a) Unless displaced by this chapter, principles of law and equity, including the merchant law and the common law of the Commonwealth relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, and other validating or invalidating cause, supplement this chapter. Among the laws supplementing and not displaced by this chapter […]
§ 59.1-501.17. Decision for court; legal consequences; reasonable time; reason to know
(a) Whether a term is conspicuous or is unenforceable under §§ 59.1-501.5 (a) or (b), 59.1-501.11, or § 59.1-502.9 (a) and whether an attribution procedure is commercially reasonable or effective under §§ 59.1-501.8, 59.1-502.12, or § 59.1-502.13 are questions to be determined by the court. (b) Whether an agreement has legal consequences is determined by […]
§ 59.1-501.18. Reserved
Reserved.
§ 59.1-501.2. Definitions
(a) As used in this chapter: (1) “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. (2) “Access material” means any information or material, such as a document, address, or access code, that is necessary to […]
§ 59.1-501.3. Scope; exclusions
(a) This chapter applies to computer information transactions. (b) Except for subject matter excluded in subsection (d), if a computer information transaction includes subject matter other than computer information or subject matter excluded under subsection (d), the following rules apply: (1) If a transaction includes computer information and goods, this chapter applies to the part […]
§ 59.1-501.4:1. Consumer protection law governs
(a) In this section, “consumer protection law” means a consumer protection statute, rule, or regulation, or other state executive or legislative action that has the effect of law and any applicable judicial or administrative decisions interpreting those statutes, rules, regulations or actions. (b) Except as otherwise provided in this section, this chapter does not limit, […]
§ 59.1-501.4. Repealed
Repealed by Acts 2004, c. 794.
§ 59.1-501.5. Relation to federal law; fundamental public policy; transactions subject to other state law
(a) A provision of this chapter that is preempted by federal law is unenforceable to the extent of the preemption. (b) If a term of a contract violates a fundamental public policy, the court may refuse to enforce the contract, enforce the remainder of the contract without the impermissible term, or limit the application of […]
§ 59.1-501.6. Rule of construction
(a) This chapter must be liberally construed and applied to promote its underlying purposes and policies to: (1) support and facilitate the realization of the full potential of computer information transactions; (2) clarify the law governing computer information transactions; (3) enable expanding commercial practice in computer information transactions by commercial usage and agreement of the […]
§ 59.1-501.7. Legal recognition of electronic record and authentication; use of electronic agents
(a) A record or authentication may not be denied legal effect or enforceability solely because it is in electronic form. (b) This chapter does not require that a record or authentication be generated, stored, sent, received, or otherwise processed by electronic means or in electronic form. (c) In any transaction, a person may establish requirements […]
§ 59.1-501.8. Proof and effect of authentication
(a) Authentication may be proven in any manner, including a showing that a party made use of information or access that could have been available only if it engaged in conduct or operations that authenticated the record or term. (b) Compliance with a commercially reasonable attribution procedure agreed to or adopted by the parties or […]