§ 59.1-501.6. Rule of construction
(a) This chapter must be liberally construed and applied to promote its underlying purposes and policies to:
(1) support and facilitate the realization of the full potential of computer information transactions;
(2) clarify the law governing computer information transactions;
(3) enable expanding commercial practice in computer information transactions by commercial usage and agreement of the parties;
(4) promote uniformity of the law with respect to the subject matter of this chapter among States that enact it; and
(5) permit the continued expansion of commercial practices in the excluded transactions through custom, usage and agreement of the parties.
(b) Except as otherwise provided in § 59.1-501.15, the use of mandatory language or the absence of a phrase such as "unless otherwise agreed" in a provision of this chapter does not preclude the parties from varying the effect of the provision by agreement.
(c) The fact that a provision of this chapter imposes a condition for a result does not by itself mean that the absence of that condition yields a different result.
(d) To be enforceable, a term need not be conspicuous, negotiated, or expressly assented or agreed to, unless this chapter expressly so requires.
(2000, cc. 101, 996; 2004, c. 794.)
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