2005 California Civil Code Sections 1633.1-1633.17 TITLE 2.5. ELECTRONIC TRANSACTIONS

1633.1.  This title may be cited as the Uniform Electronic
Transactions Act.
1633.2.  In this title the following terms have the following
definitions:
   (a) "Agreement" means the bargain of the parties in fact, as found
in their language or inferred from other circumstances and from
rules, regulations, and procedures given the effect of agreements
under laws otherwise applicable to a particular transaction.
   (b) "Automated transaction" means a transaction conducted or
performed, in whole or in part, 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.
   (c) "Computer program" means a set of statements or instructions
to be used directly or indirectly in an information processing system
in order to bring about a certain result.
   (d) "Contract" means the total legal obligation resulting from the
parties' agreement as affected by this title and other applicable
law.
   (e) "Electronic" means relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities.
   (f) "Electronic agent" means a computer program or an electronic
or other automated means used independently to initiate an action or
respond to electronic records or performances in whole or in part,
without review by an individual.
   (g) "Electronic record" means a record created, generated, sent,
communicated, received, or stored by electronic means.
   (h) "Electronic signature" means an electronic sound, symbol, or
process attached to or logically associated with an electronic record
and executed or adopted by a person with the intent to sign the
electronic record.
   (i) "Governmental agency" means an executive, legislative, or
judicial 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.
   (j) "Information" means data, text, images, sounds, codes,
computer programs, software, data bases, or the like.
   (k) "Information processing system" means an electronic system for
creating, generating, sending, receiving, storing, displaying, or
processing information.
   (l) "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.
   (m) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
   (n) "Security procedure" means a procedure employed for the
purpose of verifying that an 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.
   (o) "Transaction" means an action or set of actions occurring
between two or more persons relating to the conduct of business,
commercial, or governmental affairs.
1633.3.  (a) Except as otherwise provided in subdivisions (b) and
(c), this title applies to electronic records and electronic
signatures relating to a transaction.
   (b) This title does not apply to transactions subject to the
following laws:
   (1) A law governing the creation and execution of wills, codicils,
or testamentary trusts.
   (2) Division 1 (commencing with Section 1101) of the Uniform
Commercial Code, except Sections 1107 and 1206.
   (3) Divisions 3 (commencing with Section 3101), 4 (commencing with
Section 4101), 5 (commencing with Section 5101), 8 (commencing with
Section 8101), 9 (commencing with Section 9101), and 11 (commencing
with Section 11101) of the Uniform Commercial Code.
   (4) A law that requires that specifically identifiable text or
disclosures in a record or a portion of a record be separately
signed, including initialed, from the record.  However, this
paragraph does not apply to Section 1677 or 1678 of this code or
Section 1298 of the Code of Civil Procedure.
   (c) This title does not apply to any specific transaction
described in Section 17511.5 of the Business and Professions Code,
Section 56.11, 56.17, 798.14, 1133, or 1134 of, Sections 1350 to
1376, inclusive, of, Section 1689.6, 1689.7, or 1689.13 of, Chapter
2.5 (commencing with Section 1695) of Title 5 of Part 2 of Division 3
of, Section 1720, 1785.15, 1789.14, 1789.16, 1789.33, or 1793.23 of,
Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of
Division 3 of, Section 1861.24, 1862.5, 1917.712, 1917.713, 1950.5,
1950.6, 1983, 2924b, 2924c, 2924f, 2924i, 2924j, 2924.3, or 2937 of,
Article 1.5 (commencing with Section 2945) of Chapter 2 of Title 14
of Part 4 of Division 3 of, Section 2954.5 or 2963 of, Chapter 2b
(commencing with Section 2981) or 2d (commencing with Section 2985.7)
of Title 14 of Part 4 of Division 3 of, or Section 3071.5 of, the
Civil Code, subdivision (b) of Section 18608 or Section 22328 of the
Financial Code, Section 1358.15, 1365, 1368.01, 1368.1, 1371, or
18035.5 of the Health and Safety Code, Section 658, 662, 663, 664,
666, 667.5, 673, 677, 678, 678.1, 786, 10083, 10086, 10087, 10102,
10113.7, 10127.7, 10127.9, 10127.10, 10197, 10199.44, 10199.46,
10235.16, 10235.40, 10509.4, 10509.7, 11624.09, or 11624.1 of the
Insurance Code, Section 779.1, 10010.1, or 16482 of the Public
Utilities Code, or Section 9975 or 11738 of the Vehicle Code.  An
electronic record may not be substituted for any notice that is
required to be sent pursuant to Section 1162 of the Code of Civil
Procedure.  Nothing in this subdivision shall be construed to
prohibit the recordation of any document with a county recorder by
electronic means.
   (d) This title applies to an electronic record or electronic
signature otherwise excluded from the application of this title under
subdivision (b) when used for a transaction subject to a law other
than those specified in subdivision (b).
   (e) A transaction subject to this title is also subject to other
applicable substantive law.
   (f) The exclusion of a transaction from the application of this
title under subdivision (b) or (c) shall be construed only to exclude
the transaction from the application of this title, but shall not be
construed to prohibit the transaction from being conducted by
electronic means if the transaction may be conducted by electronic
means under any other applicable law.
1633.4.  This title applies to any electronic record or electronic
signature created, generated, sent, communicated, received, or stored
on or after January 1, 2000.
1633.5.  (a) This title 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.
   (b) This title applies only to a transaction between parties each
of which has agreed to conduct the transaction 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.  Except for a separate and optional
agreement the primary purpose of which is to authorize a transaction
to be conducted by electronic means, an agreement to conduct a
transaction by electronic means may not be contained in a standard
form contract that is not an electronic record.  An agreement in such
a standard form contract may not be conditioned upon an agreement to
conduct transactions by electronic means.  An agreement to conduct a
transaction by electronic means may not be inferred solely from the
fact that a party has used electronic means to pay an account or
register a purchase or warranty.  This subdivision may not be varied
by agreement.
   (c) A party that agrees to conduct a transaction by electronic
means may refuse to conduct other transactions by electronic means.
If a seller sells goods or services by both electronic and
nonelectronic means and a buyer purchases the goods or services by
conducting the transaction by electronic means, the buyer may refuse
to conduct further transactions regarding the goods or services by
electronic means.  This subdivision may not be varied by agreement.
   (d) Except as otherwise provided in this title, the effect of any
of its provisions may be varied by agreement.  The presence in
certain provisions of this title 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.
1633.6.  This title shall be construed and applied according to all
of the following:
   (1) To facilitate electronic transactions consistent with other
applicable law.
   (2) To be consistent with reasonable practices concerning
electronic transactions and with the continued expansion of those
practices.
   (3) To effectuate its general purpose to make uniform the law with
respect to the subject of this title among states enacting it.
1633.7.  (a) A record or signature may not be denied legal effect or
enforceability solely because it is in electronic form.
   (b) A contract may not be denied legal effect or enforceability
solely because an electronic record was used in its formation.
   (c) If a law requires a record to be in writing, an electronic
record satisfies the law.
   (d) If a law requires a signature, an electronic signature
satisfies the law.
1633.8.  (a) If parties have agreed to conduct a transaction by
electronic means and a law requires a person to provide, send, or
deliver information in writing to another person, that requirement is
satisfied if the information is provided, sent, or delivered, as the
case may be, in an electronic record capable of retention by the
recipient at the time of receipt.  An electronic record is not
capable of retention by the recipient if the sender or its
information processing system inhibits the ability of the recipient
to print or store the electronic record.
   (b) If a law other than this title requires a record to be posted
or displayed in a certain manner, to be sent, communicated, or
transmitted by a specified method, or to contain information that is
formatted in a certain manner, all of the following rules apply:
   (1) The record shall be posted or displayed in the manner
specified in the other law.
   (2) Except as otherwise provided in paragraph (2) of subdivision
(d), the record shall be sent, communicated, or transmitted by the
method specified in the other law.
   (3) The record shall contain the information formatted in the
manner specified in the other law.
   (c) If a sender inhibits the ability of a recipient to store or
print an electronic record, the electronic record is not enforceable
against the recipient.
   (d) The requirements of this section may not be varied by
agreement, except as follows:
   (1) To the extent a law other than this title requires information
to be provided, sent, or delivered in writing but permits that
requirement to be varied by agreement, the requirement under
subdivision (a) that the information be in the form of an electronic
record capable of retention may also be varied by agreement.
   (2) A requirement under a law other than this title to send,
communicate, or transmit a record by first-class mail may be varied
by agreement to the extent permitted by the other law.
1633.9.  (a) An electronic record or electronic signature is
attributable to a person if it was the act of the person.  The act of
the person may be shown in any manner, including a showing of the
efficacy of any security procedure applied to determine the person to
which the electronic record or electronic signature was
attributable.
   (b) The effect of an electronic record or electronic signature
attributed to a person under subdivision (a) is determined from the
context and surrounding circumstances at the time of its creation,
execution, or adoption, including the parties' agreement, if any, and
otherwise as provided by law.
1633.10.  If a change or error in an electronic record occurs in a
transmission between parties to a transaction, the following rules
apply:
   (1) If the parties have agreed to use a security procedure to
detect changes or errors and one party has conformed to the
procedure, but the other party has not, and the nonconforming party
would have detected the change or error had that party also
conformed, the conforming party may avoid the effect of the changed
or erroneous electronic record.
   (2) In an automated transaction involving an individual, the
individual may avoid the effect of an electronic record that resulted
from an error made by the individual in dealing with the electronic
agent of another person if the electronic agent did not provide an
opportunity for the prevention or correction of the error and, at the
time the individual learns of the error, all of the following
conditions are met:
   (i) The individual promptly notifies the other person of the error
and that the individual did not intend to be bound by the electronic
record received by the other person.
   (ii) The individual takes reasonable steps, including steps that
conform to the other person's reasonable instructions, to return to
the other person or, if instructed by the other person, to destroy
the consideration received, if any, as a result of the erroneous
electronic record.
   (iii)The individual has not used or received any benefit or value
from the consideration, if any, received from the other person.
   (3) If neither paragraph (1) nor (2) applies, the change or error
has the effect provided by other law, including the law of mistake,
and the parties' contract, if any.
   (4) Paragraphs (2) and (3) may not be varied by agreement.
1633.11.  (a) If a law requires that a signature be notarized, the
requirement is satisfied with respect to an electronic signature if
an electronic record includes, in addition to the electronic
signature to be notarized, the electronic signature of a notary
public together with all other information required to be included in
a notarization by other applicable law.
   (b) In a transaction, if a law requires that a statement be signed
  under penalty of perjury, the requirement is satisfied with respect
to an electronic signature, if an electronic record includes, in
addition to the electronic signature, all of the information as to
which the declaration pertains together with a declaration under
penalty of perjury by the person who submits the electronic signature
that the information is true and correct.
1633.12.  (a) If a law requires that a record be retained, the
requirement is satisfied by retaining an electronic record of the
information in the record, if the electronic record reflects
accurately the information set forth in the record at the time it was
first generated in its final form as an electronic record or
otherwise, and the electronic record remains accessible for later
reference.
   (b) A requirement to retain a record in accordance with
subdivision (a) does not apply to any information the sole purpose of
which is to enable the record to be sent, communicated, or received.
   (c) A person may satisfy subdivision (a) by using the services of
another person if the requirements of subdivision (a) are satisfied.
   (d) If a law requires a record to be retained in its original
form, or provides consequences if the record is not retained in its
original form, that law is satisfied by an electronic record retained
in accordance with subdivision (a).
   (e) If a law requires retention of a check, that requirement is
satisfied by retention of an electronic record of the information on
the front and back of the check in accordance with subdivision (a).
   (f) A record retained as an electronic record in accordance with
subdivision (a) satisfies a law requiring a person to retain a record
for evidentiary, audit, or like purposes, unless a law enacted after
the effective date of this title specifically prohibits the use of
an electronic record for a specified purpose.
   (g) This section does not preclude a governmental agency from
specifying additional requirements for the retention of a record
subject to the agency's jurisdiction.
1633.13.  In a proceeding, evidence of a record or signature may not
be excluded solely because it is in electronic form.
1633.14.  (a) In an automated transaction, the following rules
apply:
   (1) A contract may be formed by the interaction of electronic
agents of the parties, even if no individual was aware of or reviewed
the electronic agents' actions or the resulting terms and
agreements.
   (2) A contract may be formed by the interaction of an electronic
agent and an individual, acting on the individual's own behalf or for
another person, including by an interaction in which the individual
performs actions that the individual is free to refuse to perform and
which the individual knows or has reason to know will cause the
electronic agent to complete the transaction or performance.
   (b) The terms of the contract are determined by the substantive
law applicable to it.
1633.15.  (a) Unless the sender and the recipient agree to a
different method of sending that is reasonable under the
circumstances, an electronic record is sent when the information is
addressed properly or otherwise directed properly to the recipient
and either (1) enters an information processing system outside the
control of the sender or of a person that sent the electronic record
on behalf of the sender, or (2) enters a region of an information
processing system that is under the control of the recipient.
   (b) Unless the sender and the recipient agree to a different
method of receiving that is reasonable under the circumstances, an
electronic record is received when the electronic record enters an
information processing system that the recipient has designated or
uses for the purpose of receiving electronic records or information
of the type sent, in a form capable of being processed by that
system, and from which the recipient is able to retrieve the
electronic record.
   (c) Subdivision (b) applies even if the place the information
processing system is located is different from the place the
electronic record is deemed to be received under subdivision (d).
   (d) Unless otherwise expressly provided in the electronic record
or agreed between the sender and the recipient, an electronic record
is deemed to be sent from the sender's place of business and to be
received at the recipient's place of business or, if the recipient is
an individual acting on his or her own behalf, at the recipient's
place of residence.  For purposes of this subdivision, the following
rules apply:
   (1) If the sender or recipient has more than one place of
business, the place of business of that person is the place having
the closest relationship to the underlying transaction.
   (2) If the sender or the recipient does not have a place of
business, the place of business is the sender's or recipient's
residence, as the case may be.
   (e) An electronic record is received under subdivision (b) even if
no individual is aware of its receipt.
   (f) Receipt of an electronic acknowledgment from an information
processing system described in subdivision (b) establishes that a
record was received but, by itself, does not establish that the
content sent corresponds to the content received.
   (g) If a person is aware that an electronic record purportedly
sent under subdivision (a), or purportedly received under subdivision
(b), was not actually sent or received, the legal effect of the
sending or receipt is determined by other applicable law.  Except to
the extent permitted by the other law, this subdivision may not be
varied by agreement.
1633.16.  If a law other than this title requires that a notice of
the right to cancel be provided or sent, an electronic record may not
substitute for a writing under that other law unless, in addition to
satisfying the requirements of that other law and this title, the
notice of cancellation may be returned by electronic means.  This
section may not be varied by agreement.
1633.17.  No state agency, board, or commission may require,
prohibit, or regulate the use of an electronic signature in a
transaction in which the agency, board, or commission is not a party
unless a law other than this title expressly authorizes the
requirement, prohibition, or regulation.