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  432.220.  Use of electronic records and electronic signatures — variation by agreement. — 1.  Sections 432.200 to 432.295 do 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.  Sections 432.200 to 432.295 apply 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 shall not be waived by agreement.

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

  5.  Whether an electronic record or electronic signature has legal consequences is determined by sections 432.200 to 432.295 and other applicable law.


(L. 2003 H.B. 254)

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