(a) 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.
(b) An electronic agent has an opportunity to review a record or term only if it is made available in a manner that would enable a reasonably configured electronic agent to react to the record or term.
(c) 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 he has a right to a return if he rejects the record. However, a right to a return is not required if:
(1) the record proposes a modification of contract or provides particulars of performance under § 59.1-503.5; or
(2) 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.
(d) The right to a return under this section may arise by law or by agreement.
(e) The effect of this section may be modified by an agreement setting out standards applicable to future transactions between the parties.
2004, c. 794.
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