reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Commercial Law › Title 18 - Bills of Lading and Warehouse Receipts -- Criminal Provisions › Subtitle 5 - Maryland Self-Service Storage Act › Section 18-503 - Lien for Rent, Labor, or Other Charges

(a)    The operator of a self–service storage facility has a lien on all personal property stored within each leased space for rent, labor, or other charges, and for expenses reasonably incurred in its sale, as provided in this subtitle.
(b)    The rental agreement shall contain a statement, in bold type, advising the occupant:
(1)    Of the existence of the lien;
(2)    That personal property stored in the leased space may be sold to satisfy the lien if the occupant is in default;
(3)    That personal property stored in the leased space may be towed or removed from the self–service storage facility if:
(i)    The personal property is a motor vehicle or watercraft; and
(ii)    The occupant is in default for more than 60 days; and
(4)    That a sale of personal property stored in the leased space to satisfy the lien if the occupant is in default may be advertised:
(i)    In a newspaper of general circulation in the jurisdiction where the sale is to be held;
(ii)    By electronic mail; or
(iii)    On an online Web site.
2023 Maryland Statutes › Commercial Law › Title 18 - Bills of Lading and Warehouse Receipts -- Criminal Provisions › Subtitle 5 - Maryland Self-Service Storage Act › Section 18-505 - Occupant Responsible for Care of Stored Property Until Sale

Unless the rental agreement specifically provides otherwise and until a lien sale under this subtitle, the exclusive care, custody, and control of all personal property stored in the leased self-service storage space remains vested in the occupant.
2023 Maryland Statutes › Commercial Law › Title 18 - Bills of Lading and Warehouse Receipts -- Criminal Provisions › Subtitle 5 - Maryland Self-Service Storage Act › Section 18-506 - Validity of Rental Agreements Entered Before July 1, 1983

All rental agreements, entered into before July 1, 1983, which have not been extended or renewed after that date, shall remain valid and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this State.
2023 Maryland Statutes › Commercial Law › Title 19 - Equipment Dealer Contract Act › Subtitle 1 - Definitions; General Provisions › Section 19-102 - Good Cause

Good cause exists in any of the following circumstances:
(1)    The filing of a petition against the dealer to commence:
(i)    A receivership proceeding; or
(ii)    A bankruptcy proceeding;
(2)    The dealer has made an intentional misrepresentation with the intent to defraud the supplier;
(3)    The dealer defaults under a chattel mortgage or other security agreement between the dealer and the supplier or the dealer revokes or discontinues a guarantee of a present or future obligation of the dealer to the supplier;
(4)    The closeout or sale of a substantial part of the business of a dealer related to the handling of the products of the supplier;
(5)    The commencement of procedures to dissolve or liquidate the dealer if the dealer is a partnership or corporation;
(6)    A change, without the prior written approval of the supplier, that shall not be unreasonably withheld, in the location of the principal place of business of the dealer or additional locations set forth in the agreement;
(7)    The withdrawal of an individual proprietor, partner, major shareholder, or manager of the dealership, or a substantial reduction in interest of a partner or major shareholder, without the prior written consent of the supplier;
(8)    The revocation or discontinuance of any guarantee of the present or future obligations of the dealer to the supplier;
(9)    The dealer fails to operate in the normal course of business for 7 consecutive business days or otherwise abandons the business;
(10)    The guilty plea or conviction of a felony of a dealer affecting the relationship between the dealer and supplier; or
(11)    The dealer transfers an interest in the dealership or a person with a substantial interest in the ownership or control of the dealership, including an individual proprietor, partner, or major shareholder, withdraws from the dealership or dies, or a substantial reduction occurs in the interest of a partner or major shareholder in the dealership.
2023 Maryland Statutes › Commercial Law › Title 19 - Equipment Dealer Contract Act › Subtitle 1 - Definitions; General Provisions › Section 19-103 - Dealer Contracts -- Cancellation, Nonrenewal, Substantial Change

(a)    A supplier may not directly or through an officer, agent, or employee terminate, cancel, fail to renew, or substantially change the competitive circumstances of a contract without good cause.
(b)    (1)    Except as provided in paragraph (2) of this subsection, a supplier who terminates, cancels, fails to renew, or substantially changes the competitive circumstances of a contract with good cause is not required to provide any notice or the right to cure a deficiency to a dealer.
(2)    If a supplier terminates, cancels, fails to renew, or substantially changes the competitive circumstances of a contract based upon the dealer’s failure to capture the share of the market required in the contract and the supplier has worked with the dealer for a minimum of 12 months to gain the desired market share, the supplier shall provide a dealer with at least 90 days’ written notice of the termination of the agreement and a 60 day right to cure.
(c)    Notwithstanding any agreement to the contrary, a dealer who terminates a contract with a supplier shall notify the supplier of the termination within 90 days prior to the effective date of the termination.
(d)    Each notification required under this section shall:
(1)    Be in writing;
(2)    Contain:
(i)    A statement of intention to terminate the contract;
(ii)    A statement of the reasons for the termination; and
(iii)    The date on which the termination takes effect; and
(3)    Be delivered to the supplier or dealer by:
(i)    Certified mail; or
(ii)    Personal delivery.
2023 Maryland Statutes › Commercial Law › Title 19 - Equipment Dealer Contract Act › Subtitle 2 - Repurchase Requirements and Terms › Section 19-201 - Repurchase of Inventory

(a)    (1)    Subject to § 19-203 of this subtitle, whenever a dealer enters into a contract in which the dealer agrees to maintain inventory and the contract is terminated by either party, the supplier shall repurchase the dealer’s inventory on the terms specified in § 19-202 of this subtitle unless the dealer chooses to keep the inventory.
(2)    If the dealer has any outstanding debts to the supplier, the repurchase amount may be set off or credited to the dealer’s account.
(b)    (1)    If a dealer enters into a contract in which the dealer agrees to maintain inventory and the dealer or the majority stockholder of the dealer, if the dealer is a corporation, dies or is adjudicated incompetent, the supplier shall, at the option of the heir, personal representative, or guardian of the dealer, or the person that succeeds to the stock of the majority stockholder if the dealer is a corporation, repurchase the inventory as if the contract had been terminated.
(2)    An heir, personal representative, guardian, or succeeding stockholder has 1 year from the date of the death or adjudication of incompetency of the dealer or majority shareholder to exercise the option provided under this subsection.
2023 Maryland Statutes › Commercial Law › Title 19 - Equipment Dealer Contract Act › Subtitle 2 - Repurchase Requirements and Terms › Section 19-203 - Exceptions

This title does not require the repurchasing from a dealer of:
(1)    A repair part with a limited storage life or otherwise subject to deterioration, such as a gasket or battery, except for industrial “press on” industrial pneumatic tires;
(2)    A single repair part that is priced as a set of two or more items;
(3)    A repair part that, because of its condition, is not resalable as a new part without repackaging or reconditioning;
(4)    A repair part that is not in new, unused, and undamaged condition;
(5)    An item of inventory for which a dealer does not have title free of all claims, liens, and encumbrances other than those of the supplier;
(6)    Any inventory that the dealer chooses to retain;
(7)    Any inventory that was ordered by the dealer after either party’s receipt of notice of termination of a franchise agreement;
(8)    Any farm implements or machinery, construction, utility, or industrial equipment, outdoor power equipment, outdoor power sports equipment, or attachments that are not current models or that are not in new, unused, undamaged, complete condition, provided that equipment that is used in demonstrations or leased under § 19–202 of this subtitle shall be considered new and unused;
(9)    Any farm implements or machinery, construction, utility, or industrial equipment, outdoor power equipment, outdoor power sports equipment, or attachments that were purchased more than 36 months before notice of termination of the contract; or
(10)    Any inventory that was acquired by the dealer from a source other than the supplier.
2023 Maryland Statutes › Commercial Law › Title 19 - Equipment Dealer Contract Act › Subtitle 2 - Repurchase Requirements and Terms › Section 19-204 - Scope; Certification of Shipped Parts

(a)    This title does not affect a security interest of the supplier in the inventory of the dealer.
(b)    Repurchase of inventory under this title is not subject to the bulk transfers provisions of Title 6 of this article.
(c)    (1)    The dealer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed for shipment.
(2)    Failure of the supplier to provide a representative within 60 days shall result in automatic acceptance by the supplier of all returned items.
2023 Maryland Statutes › Commercial Law › Title 19 - Equipment Dealer Contract Act › Subtitle 3 - Violations by Suppliers; Remedies › Section 19-301 - Violations

A supplier may not:
(1)    Coerce a dealer to accept delivery of equipment, parts, or accessories that the dealer has not ordered voluntarily unless the parts or accessories are safety parts or accessories required by the supplier;
(2)    Condition the sale of additional equipment to a dealer on a requirement that the dealer also purchase other goods or services, except that a supplier may require the dealer to purchase parts that are reasonably necessary to maintain the quality of operation in the field of the equipment used in the trade area;
(3)    Coerce a dealer into refusing to purchase equipment manufactured by another supplier; or
(4)    Terminate, cancel, or fail to renew or substantially change the competitive circumstances of the retail agreement based on the results of any circumstance beyond the dealer’s control, including a natural disaster such as a sustained drought, high unemployment in the dealer market area, or a labor dispute.
2023 Maryland Statutes › Commercial Law › Title 19 - Equipment Dealer Contract Act › Subtitle 3 - Violations by Suppliers; Remedies › Section 19-302 - Civil Penalties

If a supplier fails or refuses to repurchase, in accordance with § 19-202 of this title, any inventory covered under the provisions of this title within the time periods established, the supplier is civilly liable for:
(1)    100 percent of the current net price of the inventory;
(2)    The amount the dealer paid for freight costs from the supplier’s location to the dealer’s location;
(3)    The dealer’s reasonable attorney’s fees and court costs; and
(4)    Interest on the current net price of the inventory computed from the 91st day after termination of the contract at the legal rate of interest.
2023 Maryland Statutes › Commercial Law › Title 19 - Equipment Dealer Contract Act › Subtitle 3 - Violations by Suppliers; Remedies › Section 19-303 - Civil Actions

Notwithstanding an agreement to the contrary, and in addition to any other available legal remedies, a person who suffers monetary loss due to a violation of this title or who refuses to accede to a proposal for an arrangement that, if consummated, would be in violation of this title may bring a civil action to enjoin further violations and to recover damages and the costs of the action, including reasonable attorney’s fees.
2023 Maryland Statutes › Commercial Law › Title 19 - Equipment Dealer Contract Act › Subtitle 3 - Violations by Suppliers; Remedies › Section 19-305 - Severability of Provisions

If any provision of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.
2023 Maryland Statutes › Commercial Law › Title 21 - The Maryland Uniform Electronic Transactions Act › Section 21-102 - Scope

(a)    Except as otherwise provided in subsections (b) and (c) of this section, this title applies to electronic records and electronic signatures relating to a transaction.
(b)    This title does not apply to a transaction to the extent it is governed by:
(1)    A law governing the creation and execution of wills, codicils, or testamentary trusts;
(2)    The Maryland Uniform Commercial Code, other than §§ 1-107 and 1-206 and Titles 2 and 2A;
(3)    The Uniform Computer Information Transactions Act;
(4)    A law or regulation governing notice of:
(i)    The cancellation or termination of utility services, including water, heat, and power;
(ii)    Default, acceleration, repossession, foreclosure, eviction, or the right to cure, under a credit agreement, mortgage, or a rental agreement for a primary residence of an individual;
(iii)    The cancellation or termination of health insurance, health insurance benefits, or life insurance benefits, excluding annuities; or
(iv)    Recall of a product, or material failure of a product, that risks endangering health or safety; and
(5)    A law governing adoption, divorce, or other family law matters.
(c)    This title does not apply to:
(1)    Court orders, notices, or official court documents, except as provided in the Maryland Rules; or
(2)    Documents required to accompany transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
(d)    This title applies to an electronic record or electronic signature otherwise excluded from the application of this title under subsection (b) of this section to the extent it is governed by a law other than those specified in subsection (b) of this section.
(e)    A transaction subject to this title is also subject to other applicable substantive law.
(f)    The provisions of this title may not modify, limit, or supersede the provisions of the federal Electronic Signatures in Global and National Commerce Act as it relates to use of an electronic record to provide or make available information that is required to be provided or made available in writing to a consumer.
2023 Maryland Statutes › Commercial Law › Title 21 - The Maryland Uniform Electronic Transactions Act › Section 21-105 - Construction and Application

This title must be construed and applied:
(1)    To facilitate electronic transactions consistent with other applicable law;
(2)    To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3)    To effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting it.
2023 Maryland Statutes › Commercial Law › Title 21 - The Maryland Uniform Electronic Transactions Act › Section 21-106 - Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Contracts

(a)    A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b)    A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c)    If a law requires a record to be in writing, an electronic record satisfies the law.
(d)    If a law requires a signature, an electronic signature satisfies the law.
2023 Maryland Statutes › Commercial Law › Title 21 - The Maryland Uniform Electronic Transactions Act › Section 21-107 - Provision of Information in Writing; Presentation of Records

(a)    (1)    If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered in an electronic record capable of retention by the recipient at the time of receipt.
(2)    An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b)    If a law other than this title requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, the following rules apply:
(1)    The record must be posted or displayed in the manner specified in the other law;
(2)    Except as otherwise provided in subsection (d)(2) of this section, the record must be sent, communicated, or transmitted by the method specified in the other law; and
(3)    The record must contain the information formatted in the manner specified in the other law.
(c)    If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d)    The requirements of this section may not be varied by agreement, but:
(1)    To the extent a law other than this title requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2)    A requirement under a law other than this title to send, communicate, or transmit a record by registered or certified mail, postage prepaid, or by regular mail, may be varied by agreement to the extent permitted by the other law or by § 21-118.1 of this title.
2023 Maryland Statutes › Commercial Law › Title 21 - The Maryland Uniform Electronic Transactions Act › Section 21-108 - Attribution and Effect of Electronic Record and Electronic Signature

(a)    (1)    An electronic record or electronic signature is attributable to a person if it was the act of the person.
(2)    The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b)    The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties’ agreement, if any, and otherwise as provided by law.
2023 Maryland Statutes › Commercial Law › Title 21 - The Maryland Uniform Electronic Transactions Act › Section 21-109 - Effect of Change or Error

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules 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:
(i)    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;
(ii)    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; and
(iii)    Has not used or received any benefit or value from the consideration, if any, received from the other person;
(3)    If neither item (1) nor item (2) of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any; and
(4)    Items (2) and (3) of this section may not be varied by agreement.
2023 Maryland Statutes › Commercial Law › Title 21 - The Maryland Uniform Electronic Transactions Act › Section 21-110 - Notarization and Acknowledgment

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
2023 Maryland Statutes › Commercial Law › Title 21 - The Maryland Uniform Electronic Transactions Act › Section 21-111 - Retention of Electronic Records; Originals

(a)    If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1)    Accurately reflects the information set forth in the record at the time it was first generated in its final form as an electronic record or otherwise; and
(2)    Remains accessible for later reference.
(b)    A requirement to retain a record in accordance with subsection (a) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c)    A person may satisfy subsection (a) of this section by using the services of another person if the requirements of that subsection are satisfied.
(d)    If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a) of this section.
(e)    If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this section.
(f)    A record retained as an electronic record in accordance with subsection (a) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or similar purposes, unless a law enacted after the effective date of this title specifically prohibits the use of an electronic record for the specified purpose.
(g)    This section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency’s jurisdiction.
2023 Maryland Statutes › Commercial Law › Title 21 - The Maryland Uniform Electronic Transactions Act › Section 21-113 - Automated Transaction

In an automated transaction, the following rules apply:
(1)    A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements;
(2)    A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual’s own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance; and
(3)    The terms of the contract are determined by the substantive law applicable to it.
2023 Maryland Statutes › Commercial Law › Title 21 - The Maryland Uniform Electronic Transactions Act › Section 21-114 - Time and Place of Sending and Receipt

(a)    Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(1)    Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2)    Is in a form capable of being processed by that system; and
(3)    Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b)    Unless otherwise agreed between the sender and the recipient, an electronic record is received when:
(1)    It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2)    It is in a form capable of being processed by that system.
(c)    Subsection (b) of this section applies even if the place where the information processing system is located is different from the place where the electronic record is deemed to be received under subsection (d) of this section.
(d)    Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender’s place of business and to be received at the recipient’s place of business. For purposes of this subsection, the following rules apply:
(1)    If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction; and
(2)    If the sender or the recipient does not have a place of business, the place of business is the sender’s or recipient’s residence, as the case may be.
(e)    An electronic record is received under subsection (b) of this section even if no individual is aware of its receipt.
(f)    Receipt of an electronic acknowledgment from an information processing system described in subsection (b) of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g)    (1)    If a person is aware that an electronic record purportedly sent under subsection (a) of this section, or purportedly received under subsection (b) of this section, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law.
(2)    Except to the extent allowed by the other law, the requirements of this subsection may not be varied by agreement.
2023 Maryland Statutes › Commercial Law › Title 21 - The Maryland Uniform Electronic Transactions Act › Section 21-117 - Acceptance and Distribution of Electronic Records by Governmental Agencies

(a)    Except as otherwise provided in § 21-111(f) of this title, each governmental agency shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(b)    To the extent a governmental agency uses electronic records and electronic signatures under subsection (a) of this section, the governmental agency, giving due consideration to security, may specify:
(1)    The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(2)    The electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(3)    Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(4)    Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(c)    Except as otherwise provided in § 21-111(f) of this title, this title does not require a governmental agency of this State to use or permit the use of electronic records or electronic signatures.
2023 Maryland Statutes › Commercial Law › Title 21 - The Maryland Uniform Electronic Transactions Act › Section 21-118 - Interoperability

(a)    A governmental agency of this State that adopts standards in accordance with § 21-117 of this title may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this State, other states, the federal government, and nongovernmental persons interacting with governmental agencies of this State.
(b)    If appropriate, those standards may specify differing levels of standards from which governmental agencies of this State may choose in implementing the most appropriate standard for a particular application.
(c)    Standards adopted by units of State government shall be consistent with those specified in the State Information Technology Master Plan.
2023 Maryland Statutes › Commercial Law › Title 21 - The Maryland Uniform Electronic Transactions Act › Section 21-118.1 - Use of Electronic Postmarks

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Electronic postmark certificate” means evidentiary proof, provided to the sender or recipient of an electronic record, that the electronic record:
(i)    Was postmarked by a postal authority with a valid electronic postmark on the date and time indicated;
(ii)    Was transmitted in a certain form on a specific date and time; and
(iii)    Was sent by the person indicated, to the person indicated, and on the date and time indicated.
(3)    “Postal authority” means:
(i)    The United States Postal Service or other national public or private mail delivery service that provides electronic postmarks; or
(ii)    A public or private entity that has the regulatory authority or legal responsibility for providing electronic postmarks.
(b)    Subject to § 21-117 of this title, a requirement under a law other than this title to send, communicate, or transmit a record by registered or certified mail, postage prepaid, or by regular mail is satisfied by an electronic record that:
(1)    Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated;
(2)    (i)    Enters an information processing system that is outside the control of the sender; or
(ii)    Enters a region of an information processing system that is under the control of the recipient;
(3)    Is postmarked by a postal authority with an electronic postmark; and
(4)    Is authenticated by an electronic postmark certificate.
(c)    An electronic record is subject to the same legal protections as the United States mail if:
(1)    The electronic record meets the requirements of subsection (b) of this section; and
(2)    The postal authority that postmarked the electronic record under subsection (b)(3) of this section is the United States Postal Service.
(d)    This section does not authorize the use of an electronic postmark or electronic postmark certificate for the service of a summons, complaint, or other papers for the purpose of obtaining jurisdiction over a defendant in a lawsuit.
2023 Maryland Statutes › Commercial Law › Title 22 - Maryland Uniform Computer Information Transactions Act › Subtitle 1 - General Provisions; Short Title and Definitions; General Scope and Terms › Section 22-104 - Mixed Transactions: Agreement to Opt-in or Opt-Out

The parties may agree that this title, including contract-formation rules, governs the transaction, in whole or part, or that other law governs the transaction and this title does not apply, if a material part of the subject matter to which the agreement applies is computer information or informational rights in it that are within the scope of this title, or is subject matter within this title under § 22-103(b) of this subtitle, or is subject matter excluded by § 22-103(d)(1), (2), or (3) of this subtitle. However, any agreement to do so is subject to the following rules:
(1)    An agreement that this title governs a transaction does not alter the applicability of any statute, rule, regulation, or procedure that may not be varied by agreement of the parties or that may be varied only in a manner specified by the statute, rule, regulation, or procedure, including a consumer protection statute or regulation. In addition, in a mass-market transaction, the agreement does not alter the applicability of a law applicable to a copy of information in printed form.
(2)    An agreement that this title does not govern a transaction:
(A)    Does not alter the applicability of § 22-214 of this title or the limitations of § 22-816 of this title if the parties have agreed to permit the use of electronic self-help; and
(B)    In a mass-market transaction, does not alter the applicability under this title of the doctrine of unconscionability or fundamental public policy or the obligation of good faith.
(3)    In a mass-market transaction, any term under this section which changes the extent to which this title governs the transaction must be conspicuous.
(4)    A copy of a computer program contained in and sold or leased as part of goods and which is excluded from this title by § 22-103(b)(1) of this subtitle cannot provide the basis for an agreement under this section that this title governs the transaction.
2023 Maryland Statutes › Commercial Law › Title 22 - Maryland Uniform Computer Information Transactions Act › Subtitle 1 - General Provisions; Short Title and Definitions; General Scope and Terms › Section 22-105 - Relation to Federal Law; Fundamental Public Policy; Transactions Subject to Other State Law

(a)    (1)    A provision of this title which is preempted by federal law is unenforceable to the extent of the preemption.
(2)    A contract term is unenforceable to the extent that it would vary a statute, rule, regulation, or procedure that may not be varied by agreement under the federal copyright law, including provisions of the federal copyright law related to fair use.
(b)    If a term of a contract violates a fundamental public policy, the court may refuse to enforce the contract, enforce the remainder of the contract without the impermissible term, or limit the application of the impermissible term so as to avoid a result contrary to public policy, in each case to the extent that the interest in enforcement is clearly outweighed by a public policy against enforcement of the term.
(c)    Except as otherwise provided in subsection (d) of this section, if this title or a term of a contract under this title conflicts with a consumer protection statute or regulation, including Title 13 of this article, the consumer protection statute or regulation governs.
(d)    If a law of this State in effect on the effective date of this title applies to a transaction governed by this title, the following rules apply:
(1)    A requirement that a term, waiver, notice, or disclaimer be in a writing is satisfied by a record.
(2)    A requirement that a record, writing, or term be signed is satisfied by an authentication.
(3)    A requirement that a term be conspicuous, or the like, is satisfied by a term that is conspicuous under this title.
(4)    A requirement of consent or agreement to a term is satisfied by a manifestation of assent to the term in accordance with this title.
2023 Maryland Statutes › Commercial Law › Title 22 - Maryland Uniform Computer Information Transactions Act › Subtitle 1 - General Provisions; Short Title and Definitions; General Scope and Terms › Section 22-106 - Rules of Construction

(a)    This title shall 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 title 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 § 22-113(a) of this subtitle, the use of mandatory language or the absence of a phrase such as “unless otherwise agreed” in a provision of this title does not preclude the parties from varying the effect of the provision by agreement.
(c)    The fact that a provision of this title 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 required by applicable law.
2023 Maryland Statutes › Commercial Law › Title 22 - Maryland Uniform Computer Information Transactions Act › Subtitle 1 - General Provisions; Short Title and Definitions; General Scope and Terms › Section 22-107 - Legal Recognition of Electronic Record and Authentication; Use of Electronic Agents

(a)    A record or authentication may not be denied legal effect or enforceability solely because it is in electronic form.
(b)    This title does not require that a record or authentication be generated, stored, sent, received, or otherwise processed by electronic means or in electronic form.
(c)    In any transaction, a person may establish requirements regarding the type of authentication or record acceptable to it.
(d)    A person that uses an electronic agent that it has selected for making an authentication, performance, or agreement, including manifestation of assent, is bound by the operations of the electronic agent, even if no individual was aware of or reviewed the agent’s operations or the results of the operations.
2023 Maryland Statutes › Commercial Law › Title 22 - Maryland Uniform Computer Information Transactions Act › Subtitle 1 - General Provisions; Short Title and Definitions; General Scope and Terms › Section 22-108 - Proof and Effect of Authentication

(a)    Authentication may be proven in any manner, including a showing that a party made use of information or access that could have been available only if it engaged in conduct or operations that authenticated the record or term.
(b)    Compliance with a commercially reasonable attribution procedure agreed to or adopted by the parties or established by law for authenticating a record authenticates the record as a matter of law.
2023 Maryland Statutes › Commercial Law › Title 22 - Maryland Uniform Computer Information Transactions Act › Subtitle 1 - General Provisions; Short Title and Definitions; General Scope and Terms › Section 22-109 - Choice of Law

(a)    The parties in their agreement may choose the applicable law.
(b)    In the absence of an enforceable agreement on choice of law, the following rules determine which jurisdiction’s law governs in all respects for purposes of contract law:
(1)    An access contract or a contract providing for electronic delivery of a copy is governed by the law of the jurisdiction in which the licensor was located when the agreement was entered into.
(2)    A mass market transaction is governed by the law of Maryland.
(3)    In all other cases, the contract is governed by the law of the jurisdiction having the most significant relationship to the transaction.
(c)    In cases governed by subsection (b) of this section, if the jurisdiction whose law governs is outside the United States, the law of that jurisdiction governs only if it provides substantially similar protections and rights to a party not located in that jurisdiction as are provided under this title. Otherwise, the law of the state that has the most significant relationship to the transaction governs.
(d)    For purposes of this section, a party is located at its place of business if it has one place of business, at its chief executive office if it has more than one place of business, or at its place of incorporation or primary registration if it does not have a physical place of business. Otherwise, a party is located at its primary residence.
2023 Maryland Statutes › Commercial Law › Title 22 - Maryland Uniform Computer Information Transactions Act › Subtitle 1 - General Provisions; Short Title and Definitions; General Scope and Terms › Section 22-110 - Contractual Choice of Forum

(a)    (1)    The parties in their agreement may choose an exclusive judicial forum unless the choice is unreasonable or unjust.
(2)    In a mass market transaction, the enforceability of a choice of forum term shall be decided by a Maryland court.
(b)    A judicial forum specified in an agreement is not exclusive unless the agreement expressly so provides.
(c)    Notwithstanding the provisions of this section or a contrary term in an agreement, the parties to a computer information transaction that is for the creation of computer information may, by mutual consent, choose an alternative dispute resolution mechanism, including mediation, arbitration, or other nonjudicial dispute resolution process, as the means for resolving a dispute under the agreement.
2023 Maryland Statutes › Commercial Law › Title 22 - Maryland Uniform Computer Information Transactions Act › Subtitle 1 - General Provisions; Short Title and Definitions; General Scope and Terms › Section 22-111 - Unconscionable Contract or Term

(a)    If a court as a matter of law finds a contract or a term thereof to have been unconscionable at the time it was made, the court may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable term, or limit the application of the unconscionable term so as to avoid an unconscionable result.
(b)    If it is claimed or appears to the court that a contract or term thereof may be unconscionable, the parties must be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determination.
2023 Maryland Statutes › Commercial Law › Title 22 - Maryland Uniform Computer Information Transactions Act › Subtitle 1 - General Provisions; Short Title and Definitions; General Scope and Terms › Section 22-112 - Manifesting Assent; Opportunity to Review

(a)    A person manifests assent to a record or term if the person, acting with knowledge of, or after having an opportunity to review the record or term or a copy of it:
(1)    Authenticates the record or term with intent to adopt or accept it; or
(2)    Intentionally engages in conduct or makes statements with reason to know that the other party or its electronic agent may infer from the conduct or statement that the person assents to the record or term.
(b)    An electronic agent manifests assent to a record or term if, after having an opportunity to review it, the electronic agent:
(1)    Authenticates the record or term; or
(2)    Engages in operations that in the circumstances indicate acceptance of the record or term.
(c)    If this title or other law requires assent to a specific term, a manifestation of assent must relate specifically to the term.
(d)    Conduct or operations manifesting assent may be proved in any manner, including a showing that a person or an electronic agent obtained or used the information or informational rights and that a procedure existed by which a person or an electronic agent must have engaged in the conduct or operations in order to do so. Proof of compliance with subsection (a)(2) of this section is sufficient if there is conduct that assents and subsequent conduct that reaffirms assent by electronic means.
(e)    With respect to an opportunity to review, the following rules apply:
(1)    A person has an opportunity to review a record or term only if it is made available in a manner that ought to call it to the attention of a reasonable person and permit review.
(2)    An electronic agent has an opportunity to review a record or term only if it is made available in manner that would enable a reasonably configured electronic agent to react to the record or term.
(3)    If a record or term is available for review only after a person becomes obligated to pay or begins its performance, the person has an opportunity to review only if it has a right to a return if it rejects the record. However, a right to a return is not required if:
(A)    The record proposes a modification of contract or provides particulars of performance under § 22-305 of this title; or
(B)    The primary performance is other than delivery or acceptance of a copy, the agreement is not a mass-market transaction, and the parties at the time of contracting had reason to know that a record or term would be presented after performance, use, or access to the information began.
(4)    The right to a return under paragraph (3) of this subsection may arise by law or by agreement.
(f)    The effect of provisions of this section may be modified by an agreement setting out standards applicable to future transactions between the parties.
2023 Maryland Statutes › Commercial Law › Title 22 - Maryland Uniform Computer Information Transactions Act › Subtitle 1 - General Provisions; Short Title and Definitions; General Scope and Terms › Section 22-113 - Variation by Agreement; Commercial Practice

(a)    The effect of any provision of this title, including an allocation of risk or imposition of a burden, may be varied by agreement of the parties. However, the following rules apply:
(1)    Obligations of good faith, diligence, reasonableness, and care imposed by this title may not be disclaimed by agreement, but the parties by agreement may determine the standards by which the performance of the obligation is to be measured if the standards are not manifestly unreasonable.
(2)    The limitations on enforceability imposed by unconscionability under § 22-111 of this subtitle and fundamental public policy under § 22-105(b) of this subtitle may not be varied by agreement.
(3)    Limitations on enforceability of, or agreement to, a contract, term, or right expressly stated in the sections of this title listed in the following subparagraphs may not be varied by agreement except to the extent provided in each section:
(A)    The limitations on agreed choice of law in § 22-109(a);
(B)    The limitations on agreed choice of forum in § 22-110;
(C)    The requirements for manifesting assent and opportunity for review in § 22-112;
(D)    The limitations on enforceability in § 22-201;
(E)    The limitations on a mass-market license in § 22-209;
(F)    The consumer defense arising from an electronic error in § 22-214;
(G)    The requirements for an enforceable term in §§ 22-303(b), 22-307(g), 22-406(b) and (c), and 22-804(a);
(H)    The limitations on a financier in §§ 22-507 through 22-511;
(I)    The restrictions on altering the period of limitations in § 22-805(a) and (b); and
(J)    The limitations on self-help repossession in §§ 22-815(b) and 22-816.
(b)    Any usage of trade of which the parties are or should be aware and any course of dealing or course of performance between the parties are relevant to determining the existence or meaning of an agreement.