1. (a) This title shall be liberally construed and applied to promote its underlying purposes and policies to:

   1. (1) Support and facilitate the realization of the full potential of computer information transactions;
   2. (2) Clarify the law governing computer information transactions;
   3. (3) Enable expanding commercial practice in computer information transactions by commercial usage and agreement of the parties;
   4. (4) Promote uniformity of the law with respect to the subject matter of this title among states that enact it; and
   5. (5) Permit the continued expansion of commercial practices in the excluded transactions through custom, usage, and agreement of the parties.
2. (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.
3. (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.
4. (d) To be enforceable, a term need not be conspicuous, negotiated, or expressly assented or agreed to, unless required by applicable law.

Added by Acts 2000, c. 11, § 1, eff. Oct. 1, 2000. Amended by Acts 2000, c. 61, § 6, eff. April 25, 2000.