The question of whether the integrity of the information is established is subsumed under the concept of accepting or adopting the record or term thereof. The proposal, by creating a presumption that such terms are conspicuous, but not making them ipso facto conspicuous, would discourage such abuse, while providing a relatively safe harbor. Otherwise, the first sentence restricts all mass-market transactions to consumer transactions. All other articles of the UCC that have scope sections have a single scope section, including Revised Article 9. Placing each distinct contract type in a separate paragraph improves structural clarity.
Clarity is especially important in a scope section.
Otherwise, the provision is standardless and open ended. It is unnecessary because it is a general rule of statutory construction that a specific statute takes precedent over a general statute to the extent of inconsistencies between them. It is mischievous because it will create confusion and nonuniformity. The result would be nonuniformity between states that enacted both Article 2B and UETA but in different sequences. In determining whether the parties intend to form a contract, the court shall consider any applicable course of dealing or usage of trade.