Section 22-109 – Choice of Law
(a) The parties in their agreement may choose the applicable law. (b) In the absence of an enforceable agreement on choice of law, the following rules determine which jurisdiction’s law governs in all respects for purposes of contract law: (1) An access contract or a contract providing for electronic delivery of a copy is governed by the law […]
Section 22-110 – Contractual Choice of Forum
(a) (1) The parties in their agreement may choose an exclusive judicial forum unless the choice is unreasonable or unjust. (2) In a mass market transaction, the enforceability of a choice of forum term shall be decided by a Maryland court. (b) A judicial forum specified in an agreement is not exclusive unless the agreement expressly so provides. (c) Notwithstanding […]
Section 22-111 – 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 avoid […]
Section 22-112 – Manifesting Assent; Opportunity to Review
(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 with reason to […]
Section 22-113 – Variation by Agreement; Commercial Practice
(a) The effect of any provision of this title, including an allocation of risk or imposition of a burden, may be varied by agreement of the parties. However, the following rules apply: (1) Obligations of good faith, diligence, reasonableness, and care imposed by this title may not be disclaimed by agreement, but the parties by agreement may […]
Section 22-114 – Supplemental Principles; Good Faith; Decision for Court; Reasonable Time; Reason to Know
(a) Unless displaced by this title, principles of law and equity, including the law merchant and the common law of this State relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, and other validating or invalidating cause, supplement this title. Among the laws supplementing and not displaced by this title are […]
Section 22-101 – Short Title
This title may be cited as the Maryland Uniform Computer Information Transactions Act.
Section 22-102 – Definitions
(a) In this title: (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 obtain authorized access to information […]
Section 22-103 – Scope; Exclusions
(a) This title applies to computer information transactions. (b) Except as otherwise provided in subsection (d) of this section and § 22-104 of this subtitle, if a computer information transaction includes subject matter other than computer information, the following rules apply: (1) If a transaction includes computer information and goods, this title applies to the part of the […]
Section 22-104 – Mixed Transactions: Agreement to Opt-in or Opt-Out
The parties may agree that this title, including contract-formation rules, governs the transaction, in whole or part, or that other law governs the transaction and this title does not apply, if a material part of the subject matter to which the agreement applies is computer information or informational rights in it that are within the […]