Guam § 91105 - Use of Electronic Records and Electronic Signatures;

§ 91105. Use of Electronic Records and Electronic Signatures;

Variation by Agreement.

(a) This Chapter 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 Chapter 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.

(c) 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.

(d) Except as otherwise provided in this Chapter, the effect of any of

its provisions may be varied by agreement. The presence in certain

provisions of this Chapter 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.

(e) Whether an electronic record or electronic signature has legal

consequences is determined by this Chapter, and other applicable laws.