The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Agreement.” The bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.

“Automated transaction.” A transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract or fulfilling an obligation required by the transaction.

“Computer program.” A set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

“Consumer.” An individual involved in an electronic transaction primarily for personal, family or household purposes.

“Contract.” The total legal obligation resulting from the parties' agreement as affected by this act and other applicable law.

“Electronic.” Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

“Electronic agent.” A computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances, in whole or in part, without review or action by an individual.

“Electronic record.” A record created, generated, sent, communicated, received or stored by electronic means.

“Electronic signature.” An electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

“Executive agency.” A department, board, commission, authority, officer or agency of the Executive Department subject to the policy supervision and control of the Governor.

“Governmental agency.” An executive agency, an independent agency, a State-affiliated entity or other instrumentality of the Commonwealth. The term includes authorities, political subdivisions and State-related institutions.

“Independent agency.” A board, commission or other agency or officer of the Executive Department that is not subject to the policy supervision and control of the Governor.

“Information.” Data, text, images, sounds, codes, computer programs, software, data bases or the like.

“Information processing system.” An electronic system for creating, generating, sending, receiving, storing, displaying or processing information.

“Person.” Any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or other legal or commercial entity.

“Record.” Information which is inscribed on a tangible medium or is stored in an electronic or other medium and which is retrievable in perceivable form.

“Security procedure.” A procedure employed for the purpose of verifying that an electronic signature, record or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure which requires the use of algorithms or other codes, identifying words or numbers, encryption or callback or other acknowledgment procedures.

“State.” A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian Tribe or Band or an Alaskan Native Village which is recognized by Federal law or formally acknowledged by a state.

“State-affiliated entity or other instrumentality.” A Commonwealth authority or a Commonwealth entity or instrumentality. The term includes the Pennsylvania Turnpike Commission, the Pennsylvania Housing Finance Agency, the Pennsylvania Municipal Retirement System, the Pennsylvania Infrastructure Investment Authority, the State Public School Building Authority, the Pennsylvania Higher Educational Facilities Authority and the State System of Higher Education.

“State-related institution.” The Pennsylvania State University, the University of Pittsburgh, Lincoln University or Temple University.

“Transaction.” An action or set of actions occurring between two or more persons relating to the conduct of business, commercial or governmental affairs.

“United States Postal Service Electronic Postmark” or “USPS EPM.” An electronic service provided by the United States Postal Service.