§ 66-312. Definitions.
§ 66‑312. Definitions.
As used in this Article,unless the context clearly requires otherwise, the term:
(1) "Agreement"means the bargain of the parties in fact, as found in their language orinferred from other circumstances and from rules, regulations, and proceduresgiven the effect of agreements under laws otherwise applicable to a particulartransaction.
(2) "Automatedtransaction" means a transaction conducted or performed, in whole or inpart, by electronic means or electronic records, in which the acts or recordsof one or both parties are not reviewed by an individual in the ordinary coursein forming a contract, performing under an existing contract, or fulfilling anobligation required by the transaction.
(3) "Computerprogram" means a set of statements or instructions to be used directly orindirectly in an information processing system in order to bring about acertain result.
(4) "Consumertransaction" means a transaction involving a natural person with respectto or affecting primarily personal, household, or family purposes.
(5) "Contract"means the total legal obligation resulting from the parties' agreement asaffected by this Article and other applicable law.
(6) "Electronic"means relating to technology having electrical, digital, magnetic, wireless,optical, electromagnetic, or similar capabilities.
(7) "Electronicagent" means a computer program or an electronic or other automated meansused independently to initiate an action or respond to electronic records orperformances in whole or in part, without review or action by an individual.
(8) "Electronicrecord" means a record created, generated, sent, communicated, received,or stored by electronic means.
(9) "Electronicsignature" means an electronic sound, symbol, or process attached to, orlogically associated with, a record and executed or adopted by a person withthe intent to sign the record.
(10) "Governmentalagency" means an executive, legislative, or judicial agency, department,board, commission, authority, institution, or instrumentality of the federalgovernment or of a state or of a county, municipality, or other politicalsubdivision of a state.
(11) "Information"means data, text, images, sounds, codes, computer programs, software,databases, or the like.
(12) "Information processingsystem" means an electronic system for creating, generating, sending,receiving, storing, displaying, or processing information.
(13) "Person"means an individual, corporation, business trust, estate, trust, partnership,limited liability company, association, joint venture, governmental agency,public corporation, or any other legal or commercial entity.
(14) "Record"means information that is inscribed on a tangible medium or that is stored inan electronic or other medium and is retrievable in perceivable form.
(15) "Securityprocedure" means a procedure employed for the purpose of verifying that anelectronic signature, record, or performance is that of a specific person orfor detecting changes or errors in the information in an electronic record. Theterm includes a procedure that requires the use of algorithms or other codes,identifying words or numbers, encryption, or callback or other acknowledgmentprocedures.
(16) "State"means a state of the United States, the District of Columbia, Puerto Rico, theUnited States Virgin Islands, or any territory or insular possession subject tothe jurisdiction of the United States. The term includes an Indian tribe orband, or Alaskan native village, which is recognized by federal law or formallyacknowledged by a state.
(17) "Transaction"means an action or set of actions occurring between two or more personsrelating to the conduct of consumer, business, commercial, or governmentalaffairs. (2000‑152,s. 1; 2001‑295, s. 1.)