Guam § 91102 - Definitions.

§ 91102. Definitions.

In this Chapter:

(a) Agreement means the bargain of the parties in fact, as found

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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 (1) 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 Chapter, and other applicable

laws.

(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 or action 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 a record and executed or

adopted by a person with the intent to sign the 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, databases, or the like.

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(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) State means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, Guam, the

Northern Mariana Islands, American Samoa, 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, which is

recognized by federal law or formally acknowledged by a state.

(p) Transaction means an action or set of actions occurring

between two (2) or more persons relating to the conduct of business,

commercial, or governmental affairs.