432.205. Definitions.
Definitions.
432.205. As used in sections 432.200 to 432.295, the following termsshall mean:
(1) "Agreement", the bargain of the parties in fact, as found intheir language or inferred from other circumstances and from rules,regulations, and procedures given the effect of agreements under lawsotherwise applicable to a particular transaction;
(2) "Automated transaction", a transaction conducted or performed, inwhole or in part, by electronic means or electronic records, in which theacts or records of one or both parties are not reviewed by an individual inthe ordinary course in forming a contract, performing under an existingcontract, or fulfilling an obligation required by the transaction;
(3) "Computer program", a set of statements or instructions to beused directly or indirectly in an information processing system to bringabout a certain result;
(4) "Contract", the total legal obligation resulting from theparties' agreement as affected by sections 432.200 to 432.295 and otherapplicable law;
(5) "Electronic", relating to technology having electrical, digital,magnetic, wireless, optical, electromagnetic, or similar capabilities;
(6) "Electronic agent", a computer program or an electronic or otherautomated means used independently to initiate an action or respond toelectronic records or performances in whole or in part, without review oraction by an individual;
(7) "Electronic record", a record created, generated, sent,communicated, received, or stored by electronic means;
(8) "Electronic signature", an electronic sound, symbol, or processattached to or logically associated with a record and executed or adoptedby a person with the intent to sign the record;
(9) "Governmental agency", an executive, legislative or judicialagency, department, board, commission, authority, institution, orinstrumentality of the federal government or of a state or of a county,municipality, or other political subdivision of a state;
(10) "Information", data, text, images, sounds, codes, computerprograms, software, databases, or the like;
(11) "Information processing system", an electronic system forcreating, generating, sending, receiving, storing, displaying, orprocessing information;
(12) "Person", an individual, corporation, business trust, estate,trust, partnership, limited liability company, association, joint venture,governmental agency, public corporation, or any other legal or commercialentity;
(13) "Record", information that is inscribed on a tangible medium orthat is stored in an electronic or other medium and is retrievable inperceivable form;
(14) "Security procedure", a procedure employed for the purpose ofverifying that an electronic signature, record, or performance is that of aspecific person or for detecting changes or errors in the information in anelectronic record. Security procedure includes a procedure that requiresthe use of algorithms or other codes, identifying words or numbers,encryption or callback, or other acknowledgment procedures;
(15) "State", a state of the United States, the District of Columbia,Puerto Rico, the United States Virgin Islands, or any territory or insularpossession subject to the jurisdiction of the United States. "State"includes an Indian tribe or band, or Alaskan native village, which isrecognized by federal law or formally acknowledged by a state;
(16) "Transaction", an action or set of actions occurring between twoor more persons relating to the conduct of business, commercial, orgovernmental affairs.
(L. 2003 H.B. 254)