(a) This chapter must be liberally construed and applied to promote its underlying purposes and policies to:\n(1) support and facilitate the realization of the full potential of computer information transactions;\n(2) clarify the law governing computer information transactions;\n(3) enable expanding commercial practice in computer information transactions by commercial usage and agreement of the parties;\n(4) promote uniformity of the law with respect to the subject matter of this chapter among States that enact it; and\n(5) permit the continued expansion of commercial practices in the excluded transactions through custom, usage and agreement of the parties.\n(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.\n(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.\n(d) To be enforceable, a term need not be conspicuous, negotiated, or expressly assented or agreed to, a result does not by itself mean that the absence of that condition yields a different result.\n(d) To be enforceable, a term need not be conspicuous, negotiated, or expressly assented or agreed to, unless this chapter expressly so requires.\n2000, cc. 101, 996; 2004, c. 794.
Virginia Legal Code