(a. This chapter must be liberally construed and applied to promote its underlying purposes and policies to:
(1. support and facilitate the realization of the full potential of computer information transactions;
(2. clarify the law governing computer information transactions;
(3. enable expanding commercial practice in computer information transactions by commercial usage and agreement of the parties;
(4. promote uniformity of the law with respect to the subject matter of this chapter among States that enact it; and
(5. permit the continued expansion of commercial practices in the excluded transactions through custom, usage and agreement of the parties.
(b. Except as otherwise provided in § 59.1-501.15, the use of mandatory language or the absence of a phrase such as “unless otherwise agreed” in a provision of this chapter does not preclude the parties from varying the effect of the provision by agreement.
(c. The fact that a provision of this chapter imposes a condition for a result does not by itself mean that the absence of that condition yields a different result.
(d. To be enforceable, a term need not be conspicuous, negotiated, or expressly assented or agreed to, unless this chapter expressly so requires.
History
2000, cc. 101, 996; 2004, c. 794.
