(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.
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