432.220. Use of electronic records and electronic signatures--variation by agreement. - Missouri Statutes

Use of electronic records and electronic signatures--variationby agreement.

432.220. 1. Sections 432.200 to 432.295 do not require a record orsignature to be created, generated, sent, communicated, received, stored,or otherwise processed or used by electronic means or in electronic form.

2. Sections 432.200 to 432.295 apply only to transactions betweenparties each of which has agreed to conduct transactions by electronicmeans. Whether the parties agree to conduct a transaction by electronicmeans is determined from the context and surrounding circumstances,including the parties' conduct.

3. A party that agrees to conduct a transaction by electronic meansmay refuse to conduct other transactions by electronic means. The rightgranted by this subsection shall not be waived by agreement.

4. Except as otherwise provided in sections 432.200 to 432.295, theeffect of any of its provisions may be varied by agreement. The presencein certain provisions of sections 432.200 to 432.295 of the words "unlessotherwise agreed", or words of similar import, does not imply that theeffect of other provisions shall not be varied by agreement.

5. Whether an electronic record or electronic signature has legalconsequences is determined by sections 432.200 to 432.295 and otherapplicable law.

(L. 2003 H.B. 254)