Ohio § 1306.09

§ 1306.09.

(A) If a change or error in an electronic record occurs in a transmission between parties

to a transaction, both of the following 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, the individual does all of the following: (a) 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. (b) 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. (c) The individual has not used or received any benefit or value from the consideration,

if any, received from the other person. (B) If divisions (A)(1) and (2) of this section do not apply, the change or error has

the effect provided by other law, including the law of mistake, and the parties' contract,

if any. (C) Divisions (A)(2) and (B) of this section may not be varied by agreement.