59.1-501.14:1 - Pretransaction disclosures in Internet-type transactions - Virginia Statutes

§ 59.1-501.14:1. Pretransaction disclosures in Internet-type transactions.

This section applies to a licensor that makes its computer informationavailable to a licensee by electronic means from its Internet or similarelectronic site. In such a case, the licensor affords an opportunity toreview the terms of a standard form license, which opportunity satisfies §59.1-501.13:1 with respect to a licensee that acquires the information fromthat site, if the licensor:

(1) makes the standard terms of the license readily available for review bythe licensee before the information is delivered or the licensee becomesobligated to pay, whichever occurs first, by:

(A) displaying prominently and in close proximity to a description of thecomputer information, or to instructions or steps for acquiring it, thestandard terms or a reference to an electronic location from which they canbe readily obtained; or

(B) disclosing the availability of the standard terms in a prominent place onthe site from which the computer information is offered and promptlyfurnishing a copy of the standard terms on request before the transfer of thecomputer information; and

(2) does not take affirmative acts to prevent printing or storage of thestandard terms for archival or review purposes by the licensee.

Failure to provide an opportunity to review under this section does notpreclude a person from providing a person an opportunity to review by othermeans pursuant to § 59.1-501.13:1 or law other than this chapter.

(2004, c. 794.)