86-632 Use of electronic records and electronic signatures; variation by agreement. - Nebraska Statutes

86-632. Use of electronic records and electronic signatures; variation by agreement.(1) The Uniform Electronic Transactions 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.(2) The 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.(3) 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.(4) Except as otherwise provided in the act, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of the 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.(5) Whether an electronic record or electronic signature has legal consequences is determined by the act and other applicable law. SourceLaws 2000, LB 929, § 5; R.S.Supp.,2000, § 86-2105; Laws 2002, LB 1105, § 394.