§ 66-315. Use of electronic records and electronic signatures; variation by agreement. - North Carolina Statutes

§66‑315.  Use of electronic records and electronic signatures; variationby agreement.

(a)        This Article doesnot require a record or signature to be created, generated, sent, communicated,received, stored, or otherwise processed or used by electronic means or inelectronic form.

(b)        This Articleapplies only to transactions between parties each of which has agreed toconduct transactions by electronic means. Whether the parties agree to conducta transaction by electronic means is determined from the context andsurrounding circumstances, including the parties' conduct.

(c)        A party that agreesto conduct a transaction by electronic means may refuse to conduct othertransactions by electronic means. The right granted by this subsection may notbe waived by agreement.

(d)        Except as otherwiseprovided in this Article, the effect of any of its provisions may be varied byagreement. The presence in certain provisions of this Article of the words"unless otherwise agreed", or words of similar import, does not implythat the effect of other provisions may not be varied by agreement.

(e)        Whether anelectronic record or electronic signature has legal consequences is determinedby this Article and other applicable law. (2000‑152, s. 1.)