As used in this article, unless the context otherwise requires:
"Agreement" means the bargain of the parties in fact, as found in their language orinferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.
"Automated transaction" means a transaction conducted or performed, in whole or inpart, by electronic means or electronic records in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.
"Computer program" means a set of statements or instructions to be used directly orindirectly in an information processing system in order to bring about a certain result.
"Contract" means the total legal obligation resulting from the parties' agreement asaffected by this article and other applicable law.
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Electronic agent" means a computer program or an electronic or other automatedmeans used independently to initiate an action or respond to electronic records or performances, in whole or in part, without review or action by an individual.
"Electronic record" means a record created, generated, sent, communicated, received,or stored by electronic means.
"Electronic signature" means an electronic sound, symbol, or process attached to orlogically associated with a record and executed or adopted by a person with the intent to sign the record.
"Governmental agency" means an executive agency, department, board, commission,authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.
"Information" means data, text, images, sounds, codes, computer programs, software, databases, or the like.
"Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.
"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.
"Record" means information that is inscribed on a tangible medium or that is storedin an electronic or other medium and is retrievable in perceivable form.
"Security procedure" means a procedure employed for the purpose of verifying thatan electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.
"State" means a state of the United States, the District of Columbia, Puerto Rico,the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, that is recognized by federal law or formally acknowledged by a state.
"Transaction" means an action or set of actions occurring between two or morepersons relating to the conduct of business, commercial, charitable, or governmental affairs. For the purpose of this article, "transaction" shall not mean any ballot cast in any election or any petition related to any department, board, commission, authority, institution, or instrumentality of the state or any county, municipality, or of their political subdivisions, or any of their instrumentalities.
Source: L. 2002: Entire article added, p. 845, § 1, effective May 30.