§ 40-21-105 — Use of electronic records and electronic signatures, variation by agreement

(a) This act 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.
(b) This act 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 otherwise provided in this act, the effect
of any of its provisions may be varied by agreement. The
presence in certain provisions of this act 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.
(e) Whether an electronic record or electronic signature
has legal consequences is determined by this act and other
applicable law.