{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-501.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-501.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-501.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-501.5.html"}],"law_id":63386,"edition_id":1,"section_id":63386,"structure_id":15005,"section_number":"59.1-501.5","catch_line":"Relation to federal law; fundamental public policy; transactions subject to other state law","history":"2000, cc. 101, 996; 2001, cc. 762, 763; 2004, c. 794.","full_text":"a\n\nA provision of this chapter that is preempted by federal law is unenforceable to the extent of the preemption.b\n\nIf a term of a contract violates a fundamental public policy, the court may refuse to enforce the contract, enforce the remainder of the contract without the impermissible term, or limit the application of the impermissible term so as to avoid a result contrary to public policy, in each case to the extent that the interest in enforcement is clearly outweighed by a public policy against enforcement of the term.c\n\nIn a transaction in which a copy of computer information in its final form is made generally available, a term of a contract is unenforceable to the extent that the term prohibits an end-user licensee from engaging in otherwise lawful public discussion relating to the computer information. However, this subsection does not preclude enforcement of a term that establishes or enforces rights under trade secret, trademark, defamation, commercial disparagement, or other laws. This subsection does not alter the applicability of subsection (b) to any term not rendered unenforceable under this subsection.d\n\nThis chapter does not apply to an intellectual property notice that is based solely on intellectual property rights and is not part of a contract. The effect of such a notice is determined by law other than this chapter.e\n\nIf a law of the Commonwealth in effect on the effective date of this chapter applies to a transaction governed by this chapter, the following rules apply:1\n\nA requirement that a term, waiver, notice, or disclaimer be in a writing is satisfied by a record.2\n\nA requirement that a record, writing, or term be signed is satisfied by an authentication.3\n\nA requirement that a term be conspicuous, or the like, is satisfied by a term that is conspicuous under this chapter.4\n\nA requirement of consent or agreement to a term is satisfied by a manifestation of assent to the term in accordance with this chapter.","order_by":null,"text":{"0":{"id":230954,"text":"A provision of this chapter that is preempted by federal law is unenforceable to the extent of the preemption.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":230955,"text":"If a term of a contract violates a fundamental public policy, the court may refuse to enforce the contract, enforce the remainder of the contract without the impermissible term, or limit the application of the impermissible term so as to avoid a result contrary to public policy, in each case to the extent that the interest in enforcement is clearly outweighed by a public policy against enforcement of the term.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"2":{"id":230956,"text":"In a transaction in which a copy of computer information in its final form is made generally available, a term of a contract is unenforceable to the extent that the term prohibits an end-user licensee from engaging in otherwise lawful public discussion relating to the computer information. However, this subsection does not preclude enforcement of a term that establishes or enforces rights under trade secret, trademark, defamation, commercial disparagement, or other laws. This subsection does not alter the applicability of subsection (b) to any term not rendered unenforceable under this subsection.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"3":{"id":230957,"text":"This chapter does not apply to an intellectual property notice that is based solely on intellectual property rights and is not part of a contract. The effect of such a notice is determined by law other than this chapter.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"e"},"4":{"id":230958,"text":"If a law of the Commonwealth in effect on the effective date of this chapter applies to a transaction governed by this chapter, the following rules apply:","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d","next_prefix":"e1"},"5":{"id":230959,"text":"A requirement that a term, waiver, notice, or disclaimer be in a writing is satisfied by a record.","type":"section","prefixes":["e","1"],"prefix":"1","entire_prefix":"e1","prefix_anchor":"e1","level":2,"prior_prefix":"e","next_prefix":"e2"},"6":{"id":230960,"text":"A requirement that a record, writing, or term be signed is satisfied by an authentication.","type":"section","prefixes":["e","2"],"prefix":"2","entire_prefix":"e2","prefix_anchor":"e2","level":2,"prior_prefix":"e1","next_prefix":"e3"},"7":{"id":230961,"text":"A requirement that a term be conspicuous, or the like, is satisfied by a term that is conspicuous under this chapter.","type":"section","prefixes":["e","3"],"prefix":"3","entire_prefix":"e3","prefix_anchor":"e3","level":2,"prior_prefix":"e2","next_prefix":"e4"},"8":{"id":230962,"text":"A requirement of consent or agreement to a term is satisfied by a manifestation of assent to the term in accordance with this chapter.","type":"section","prefixes":["e","4"],"prefix":"4","entire_prefix":"e4","prefix_anchor":"e4","level":2,"prior_prefix":"e3"}},"ancestry":[{"id":15005,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12900,"metadata":{},"date_created":"2026-06-26 03:51:26","date_modified":"2026-06-26 03:51:26","permalink":{"id":261887,"object_type":"structure","relational_id":15005,"identifier":"1","token":"59.1\/43\/1","url":"\/59.1\/43\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12900,"edition_id":1,"name":"Uniform Computer Information Transactions Act","identifier":"43","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":261885,"object_type":"structure","relational_id":12900,"identifier":"43","token":"59.1\/43","url":"\/59.1\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87403,"structure_id":15005,"section_number":"59.1-501.1","catch_line":"Title","url":"\/59.1-501.1\/","token":"59.1\/43\/1\/59.1-501.1","metadata":false},{"id":69535,"structure_id":15005,"section_number":"59.1-501.10","catch_line":"Contractual choice of forum","url":"\/59.1-501.10\/","token":"59.1\/43\/1\/59.1-501.10","metadata":false},{"id":61969,"structure_id":15005,"section_number":"59.1-501.11","catch_line":"Unconscionable contract or term","url":"\/59.1-501.11\/","token":"59.1\/43\/1\/59.1-501.11","metadata":false},{"id":72667,"structure_id":15005,"section_number":"59.1-501.12","catch_line":"Manifesting assent","url":"\/59.1-501.12\/","token":"59.1\/43\/1\/59.1-501.12","metadata":false},{"id":59103,"structure_id":15005,"section_number":"59.1-501.13","catch_line":"Repealed","url":"\/59.1-501.13\/","token":"59.1\/43\/1\/59.1-501.13","metadata":false},{"id":80445,"structure_id":15005,"section_number":"59.1-501.13:1","catch_line":"Opportunity to review","url":"\/59.1-501.13_1\/","token":"59.1\/43\/1\/59.1-501.13_1","metadata":false},{"id":84229,"structure_id":15005,"section_number":"59.1-501.14","catch_line":"Repealed","url":"\/59.1-501.14\/","token":"59.1\/43\/1\/59.1-501.14","metadata":false},{"id":78044,"structure_id":15005,"section_number":"59.1-501.14:1","catch_line":"Pretransaction disclosures in Internet-type transactions","url":"\/59.1-501.14_1\/","token":"59.1\/43\/1\/59.1-501.14_1","metadata":false},{"id":87480,"structure_id":15005,"section_number":"59.1-501.15","catch_line":"Variation by agreement; commercial practice","url":"\/59.1-501.15\/","token":"59.1\/43\/1\/59.1-501.15","metadata":false},{"id":84252,"structure_id":15005,"section_number":"59.1-501.16","catch_line":"Supplemental principles; good faith; commercial practice","url":"\/59.1-501.16\/","token":"59.1\/43\/1\/59.1-501.16","metadata":false},{"id":78606,"structure_id":15005,"section_number":"59.1-501.17","catch_line":"Decision for court; legal consequences; reasonable time; reason to know","url":"\/59.1-501.17\/","token":"59.1\/43\/1\/59.1-501.17","metadata":false},{"id":65262,"structure_id":15005,"section_number":"59.1-501.18","catch_line":"Reserved","url":"\/59.1-501.18\/","token":"59.1\/43\/1\/59.1-501.18","metadata":false},{"id":76155,"structure_id":15005,"section_number":"59.1-501.2","catch_line":"Definitions","url":"\/59.1-501.2\/","token":"59.1\/43\/1\/59.1-501.2","metadata":false},{"id":57221,"structure_id":15005,"section_number":"59.1-501.3","catch_line":"Scope; exclusions","url":"\/59.1-501.3\/","token":"59.1\/43\/1\/59.1-501.3","metadata":false},{"id":58948,"structure_id":15005,"section_number":"59.1-501.4","catch_line":"Repealed","url":"\/59.1-501.4\/","token":"59.1\/43\/1\/59.1-501.4","metadata":false},{"id":57410,"structure_id":15005,"section_number":"59.1-501.4:1","catch_line":"Consumer protection law governs","url":"\/59.1-501.4_1\/","token":"59.1\/43\/1\/59.1-501.4_1","metadata":false},{"id":63386,"structure_id":15005,"section_number":"59.1-501.5","catch_line":"Relation to federal law; fundamental public policy; transactions subject to other state law","url":"\/59.1-501.5\/","token":"59.1\/43\/1\/59.1-501.5","metadata":false},{"id":77805,"structure_id":15005,"section_number":"59.1-501.6","catch_line":"Rule of construction","url":"\/59.1-501.6\/","token":"59.1\/43\/1\/59.1-501.6","metadata":false},{"id":82284,"structure_id":15005,"section_number":"59.1-501.7","catch_line":"Legal recognition of electronic record and authentication; use of electronic agents","url":"\/59.1-501.7\/","token":"59.1\/43\/1\/59.1-501.7","metadata":false},{"id":63380,"structure_id":15005,"section_number":"59.1-501.8","catch_line":"Proof and effect of authentication","url":"\/59.1-501.8\/","token":"59.1\/43\/1\/59.1-501.8","metadata":false},{"id":58664,"structure_id":15005,"section_number":"59.1-501.9","catch_line":"Choice of law","url":"\/59.1-501.9\/","token":"59.1\/43\/1\/59.1-501.9","metadata":false}],"previous_section":{"id":57410,"structure_id":15005,"section_number":"59.1-501.4:1","catch_line":"Consumer protection law governs","url":"\/59.1-501.4_1\/","token":"59.1\/43\/1\/59.1-501.4_1","metadata":false},"next_section":{"id":77805,"structure_id":15005,"section_number":"59.1-501.6","catch_line":"Rule of construction","url":"\/59.1-501.6\/","token":"59.1\/43\/1\/59.1-501.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-501.5\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapters 101<\/a> and 996<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapters 762<\/a> and 763<\/a>; in 2004, chapter 794<\/a>.<\/p>","references":[{"id":87480,"section_number":"59.1-501.15","catch_line":"Variation by agreement; commercial practice","order_by":null,"url":"\/59.1-501.15\/"},{"id":78606,"section_number":"59.1-501.17","catch_line":"Decision for court; legal consequences; reasonable time; reason to know","order_by":null,"url":"\/59.1-501.17\/"},{"id":80284,"section_number":"59.1-502.9","catch_line":"Mass-market license","order_by":null,"url":"\/59.1-502.9\/"},{"id":82275,"section_number":"59.1-503.10","catch_line":"Licenses to nonprofit libraries, archives or educational institutions","order_by":null,"url":"\/59.1-503.10\/"}],"refers_to":false,"permalink":{"id":261953,"object_type":"law","relational_id":63386,"identifier":"59.1-501.5","token":"59.1\/43\/1\/59.1-501.5","url":"\/59.1-501.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-501.5\/","token":"59.1\/43\/1\/59.1-501.5","dublin_core":{"Title":"Relation to federal law; fundamental public policy; transactions subject to other state law","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-501.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> A provision of this chapter that is preempted by federal law<\/span> is unenforceable to the extent of the preemption. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> If a term of a contract<\/span> violates a fundamental public policy, the court<\/span> may refuse to enforce the contract<\/span>, enforce the remainder of the contract<\/span> without the impermissible term, or limit the application of the impermissible term so as to avoid a result contrary to public policy, in each case to the extent that the interest in enforcement is clearly outweighed by a public policy against enforcement of the term. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> In a transaction in which a copy of computer information in its final form is made generally available, a term of a contract<\/span> is unenforceable to the extent that the term prohibits an end-user licensee from engaging in otherwise lawful public discussion relating to the computer information. However, this subsection does not preclude enforcement of a term that establishes or enforces rights under trade secret, trademark, defamation, commercial disparagement, or other laws<\/span>. This subsection does not alter the applicability of subsection (b) to any term not rendered unenforceable under this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> This chapter does not apply to an intellectual property notice that is based solely on intellectual property rights and is not part of a contract<\/span>. The effect of such a notice is determined by law<\/span> other than this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> If a law<\/span> of the Commonwealth in effect on the effective date of this chapter applies to a transaction governed by this chapter, the following rules apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A requirement that a term, waiver<\/span>, notice, or disclaimer be in a writing is satisfied by a record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A requirement that a record, writing, or term be signed is satisfied by an authentication. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A requirement that a term be conspicuous, or the like, is satisfied by a term that is conspicuous under this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A requirement of consent or agreement to a term is satisfied by a manifestation of assent to the term in accordance with this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRELATION TO FEDERAL LAW; FUNDAMENTAL PUBLIC POLICY; TRANSACTIONS SUBJECT TO\nOTHER STATE LAW (\u00a7 59.1-501.5)\n\na. A provision of this chapter that is preempted by federal law is unenforceable\nto the extent of the preemption.\n\nb. If a term of a contract violates a fundamental public policy, the court may\nrefuse to enforce the contract, enforce the remainder of the contract without\nthe impermissible term, or limit the application of the impermissible term so as\nto avoid a result contrary to public policy, in each case to the extent that the\ninterest in enforcement is clearly outweighed by a public policy against\nenforcement of the term.\n\nc. In a transaction in which a copy of computer information in its final form is\nmade generally available, a term of a contract is unenforceable to the extent\nthat the term prohibits an end-user licensee from engaging in otherwise lawful\npublic discussion relating to the computer information. However, this subsection\ndoes not preclude enforcement of a term that establishes or enforces rights\nunder trade secret, trademark, defamation, commercial disparagement, or other\nlaws. This subsection does not alter the applicability of subsection (b) to any\nterm not rendered unenforceable under this subsection.\n\nd. This chapter does not apply to an intellectual property notice that is based\nsolely on intellectual property rights and is not part of a contract. The effect\nof such a notice is determined by law other than this chapter.\n\ne. If a law of the Commonwealth in effect on the effective date of this chapter\napplies to a transaction governed by this chapter, the following rules apply:\n\n 1. A requirement that a term, waiver, notice, or disclaimer be in a writing is\n satisfied by a record.\n\n 2. A requirement that a record, writing, or term be signed is satisfied by an\n authentication.\n\n 3. A requirement that a term be conspicuous, or the like, is satisfied by a\n term that is conspicuous under this chapter.\n\n 4. A requirement of consent or agreement to a term is satisfied by a\n manifestation of assent to the term in accordance with this chapter.\n\nHISTORY: 2000, cc. 101, 996; 2001, cc. 762, 763; 2004, c. 794.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}