369.105 Use of electronic records and electronic signatures -- Variation by
191 words·~1 min read·
/ky/369-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
agreement.
(1)KRS 369.101 to 369.120 does 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)KRS 369.101 to 369.120 applies 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
may not be waived by agreement.
(4)Except as otherwise provided in KRS 369.101 to 369.120, the effect of any of its
provisions may be varied by agreement. The presence in certain provisions of KRS
369.101 to 369.120 of the words "unless otherwise agreed," or words of similar
import, does not imply that the effect of other provisions may not be varied by
agreement.
(5)Whether an electronic record or electronic signature has legal consequences is
determined by KRS 369.101 to 369.120 and other applicable law.