KRS 369.105: Use of electronic records and electronic signatures -- Variation by

agreement.

(1) KRS 369.101 to 369.120 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.

(2) KRS 369.101 to 369.120 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 determin ed from the context and

surrounding circumstances, including the parties' conduct.

(3) 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.

(4) Except as otherwise provided in KRS 369.101 to 369.120, the effect of any of its

provisions may be varied by agreement. The presence in certain provisions of KRS

369.101 to 369.120 of the words "unless otherwise agreed," or w ords of similar

import, does not imply that the effect of other provisions may not be varied by

agreement.

(5) Whether an electronic record or electronic signature has legal consequences is

determined by KRS 369.101 to 369.120 and other applicable law.