End User License Agreement

1. Definitions

• “Affiliate” means any entity that controls, is controlled by, or is under common control with a party.
• “Customer Data” means all data, information, files, records, reports, and other content that Customer or its Authorized Users upload to, generate within, or transmit through the Service, including operational, route, scanner, vehicle, payroll, and contractor performance data.
• “Authorized User” means an individual employee, contractor, or agent of Customer whom Customer authorizes to access the Service under Customer’s account.
• “Documentation” means user guides, help content, and technical materials TWP makes available describing the Service.
• “Subscription Term” means the period during which Customer is authorized to access the Service under a paid plan, beginning on the conversion date from the Free Trial (or the date of initial paid order) and continuing for the billing period selected.
• “Free Trial” means the no-charge evaluation period TWP may make available to a new Customer.
• “FedEx” means FedEx Corporation and its subsidiaries and affiliates. FedEx is not a party to this Agreement and does not endorse, sponsor, or warrant the Service.

2. License Grant and Restrictions

2.1 Grant

Subject to Customer’s continuing compliance with this Agreement and timely payment of all applicable fees, TWP grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the Subscription Term to access and use the Service and Documentation solely for Customer’s internal business operations as a FedEx Ground/Home Delivery Pickup-and-Delivery (P&D) contractor (or substantially similar last-mile delivery operation).

2.2 Restrictions

Customer shall not, and shall not permit any Authorized User or third party to:

• Copy, modify, translate, or create derivative works of the Service, the Documentation, or any portion thereof;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, or non-public APIs of the Service, except to the extent expressly permitted by applicable law;
• Rent, lease, lend, sell, sublicense, time-share, distribute, or otherwise commercially exploit the Service, or use the Service to provide a service bureau, hosted service, or analytics offering to third parties;
• Remove or alter any proprietary notices, branding, or trademarks displayed within the Service;
• Use the Service to develop a competing product or to benchmark, scrape, or extract data for competitive analysis;
• Circumvent or attempt to circumvent any usage limits, access controls, authentication mechanisms, or security features;
• Upload or transmit any malware, viruses, worms, time bombs, or other harmful code; or
• Use the Service in violation of any applicable law or regulation, including U.S. export-control, sanctions, anti-corruption, privacy, and data-protection laws.

2.3 Authorized Users

Customer is responsible for all activity occurring under its account and for ensuring that each Authorized User complies with this Agreement. Customer shall keep all login credentials secure and shall promptly notify TWP of any suspected unauthorized access.

2.4 Reservation of Rights

All rights not expressly granted to Customer in this Agreement are reserved by TWP and its licensors. No implied licenses are granted.

3. Eligibility and Account Registration

The Service is offered exclusively to business entities engaged in last-mile pickup-and-delivery contracting (including, without limitation, FedEx Ground or FedEx Home Delivery Independent Service Providers). By registering, Customer represents and warrants that (i) it is a duly organized business entity in good standing in its jurisdiction; (ii) the individual accepting this Agreement has full legal authority to bind the entity; and (iii) all registration information provided is accurate, current, and complete. The Service is not intended for personal, family, or household use, and is not directed to consumers or to children under 18.

4. Free Trial and Subscription Terms

4.1 Free Trial

TWP offers Customer a seven (7) day Free Trial of the Service. No credit card or other payment method is required to start the Free Trial. The Free Trial is provided “AS IS” and “AS AVAILABLE” without warranty of any kind. TWP may modify, suspend, or terminate the Free Trial at any time without notice. The Free Trial does not automatically convert into a paid Subscription; if Customer does not affirmatively select a paid plan and provide a valid payment method before the Free Trial ends, access to the Service will be suspended at the end of the Free Trial period and Customer Data may be deleted as described in Section 6.7.

4.2 Subscription Plans and Billing Frequency

At or before the end of the Free Trial (and at any time thereafter), Customer may activate a paid Subscription by selecting one of the following billing frequencies:

• Monthly: billed every 30 days at the standard monthly rate.
• Quarterly (Discounted): billed every 90 days at a discount to the monthly rate.
• Annual (Best Value): billed every 365 days at the largest discount to the monthly rate.

All Subscription fees are paid in full, in advance, at the start of each Subscription Term (monthly, quarterly, or annual, as applicable). Current pricing for each plan is displayed at sign-up and on the FXPOV pricing page.

4.3 Automatic Recurring Payment and Auto-Renewal

EACH PAID SUBSCRIPTION TERM AUTOMATICALLY RENEWS FOR A SUCCESSIVE PERIOD OF EQUAL LENGTH (monthly, quarterly, or annual, as applicable) at TWP’s then-current rates for the same plan. By activating a paid Subscription, Customer authorizes Paddle.com Market Limited (“Paddle”), our Merchant of Record and payment processor, to automatically charge Customer’s designated payment method for the full Subscription fee at the start of each renewal term, until cancelled. Customer must cancel at least forty-eight (48) hours before the end of the then-current Subscription Term to avoid being charged for the next renewal term. Cancellation may be made through the account dashboard, the Paddle customer portal linked from any Paddle invoice or receipt, or by emailing billing@fxpov.com. Cancellations submitted less than 48 hours before renewal will take effect at the end of the following renewal term. After cancellation, Customer retains access through the end of the term that has already been paid.

4.4 Fees, Taxes, and 14-Day Refund Policy

All fees are stated in U.S. dollars unless otherwise indicated at checkout. Sales, use, value-added, goods-and-services, withholding, and similar taxes (collectively, “Taxes”) may be added to the price by Paddle and are the responsibility of the Customer; TWP and Paddle will collect and remit such Taxes where required by law.

14-Day Money-Back Guarantee. Customer may request a full refund of the most recent Subscription payment by emailing billing@fxpov.com within fourteen (14) calendar days of the date of that payment (the “Refund Window”). The Refund Window applies to (i) the first paid Subscription payment after a Free Trial and (ii) each subsequent renewal payment. Approved refunds will be processed by Paddle to the original payment method, typically within five to ten (5–10) business days. After the Refund Window has expired, all fees are non-refundable, including for partial billing periods, unused features, downgrades, or accounts cancelled mid-term. TWP reserves the right to deny refund requests it reasonably believes are made in bad faith or in connection with a violation of this Agreement (including the abuse-prevention provisions in Section 5).

4.5 Late Payment and Suspension

If a charge is declined, reversed (e.g., chargeback), or not received when due, TWP and/or Paddle may, after providing Customer reasonable notice, suspend or terminate Customer’s access to the Service. Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Customer is responsible for any fees, costs, or chargeback penalties incurred by TWP or Paddle as a result of unsuccessful payment attempts or invalid disputes.

4.6 Price Changes

TWP may change subscription pricing effective at the start of the next renewal term upon at least thirty (30) days’ prior notice (email to the account contact suffices). Continued use after the effective date constitutes acceptance of the new pricing. Customer may cancel before the new pricing takes effect to avoid being billed at the new rate.

4.7 Payment Processor; Paddle as Merchant of Record

All payments for the Service are processed by Paddle.com Market Limited (“Paddle”), which acts as the Merchant of Record (“MoR”) for FXPOV Subscriptions. This means that Paddle — not TWP — is the seller of record on Customer’s payment-card statement and on the receipts and invoices issued for the Service, and Paddle is responsible for collecting and remitting applicable Taxes (including U.S. state sales taxes, EU VAT, UK VAT, GST, and other consumption taxes) in the jurisdictions where it is registered.

Customer’s purchase of an FXPOV Subscription is therefore also subject to Paddle’s Buyer Terms and Privacy Policy, available at paddle.com/legal/checkout-buyer-terms and paddle.com/legal/privacy, respectively. Paddle handles payment authorization, fraud screening, currency conversion, tax calculation and remittance, billing communications, and refund processing on behalf of TWP. Customer’s payment-card data is collected, stored, and processed by Paddle under PCI-DSS-compliant systems; TWP does not receive or store full payment-card numbers.

For billing inquiries, refund requests, invoice copies, payment-method updates, or chargeback disputes, Customer may contact billing@fxpov.com or use the customer-service link included on any Paddle receipt or invoice.

5. Acceptable Use

Customer agrees to use the Service in a responsible, lawful manner. Without limiting Section 2.2, Customer shall not:

• Use the Service to harass, defame, or harm any person, or to violate the privacy or publicity rights of any individual;
• Upload Customer Data that infringes any third-party intellectual property right or that Customer does not have the legal right to upload;
• Send unsolicited communications (spam) through the Service;
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
• Attempt to gain unauthorized access to the Service or its related systems or networks.

TWP may, in its sole discretion, suspend access or remove Customer Data that it reasonably believes violates this Section.

6. Customer Data, Data Rights, and FedEx Disclaimer

6.1 Ownership of Customer Data

As between the parties, Customer owns all right, title, and interest in and to Customer Data. Customer hereby grants TWP a worldwide, royalty-free, non-exclusive license to host, copy, transmit, process, display, and otherwise use Customer Data solely as necessary to provide, maintain, support, and improve the Service, to comply with law, and to enforce this Agreement.

6.2 Aggregated and De-Identified Data

TWP may collect, generate, and use aggregated and de-identified data derived from Customer’s use of the Service for benchmarking, analytics, product development, research, and other lawful business purposes, provided that such data does not identify Customer, any Authorized User, or any individual.

6.3 Customer Warranty Regarding Uploaded Data

Customer represents and warrants that it has all rights, consents, and authority necessary to upload Customer Data to the Service and to permit TWP’s processing of that data as described in this Agreement. Customer is solely responsible for verifying that uploading FedEx-related operational, scanner, telematics, route, or contractor data to FXPOV does not violate any agreement Customer has with FedEx or any other third party (including, without limitation, the FedEx Ground Independent Service Provider (ISP) Agreement, the FedEx Home Delivery Standard Contractor Operating Agreement, or any successor or related agreement). Customer shall indemnify and hold TWP harmless from any claim arising out of Customer’s breach of this representation as set forth in Section 14.

6.4 Independence from FedEx

TWP and FXPOV are independent of, and not affiliated with, sponsored by, endorsed by, or in any way officially connected to FedEx Corporation or any of its subsidiaries. All FedEx names, logos, trademarks, and brands are the property of their respective owners and are referenced only nominatively to describe the industry context in which the Service operates. The Service is a third-party analytics tool and is not a FedEx product.

6.5 Privacy

TWP’s collection and use of personal information in connection with the Service is described in TWP’s Privacy Policy, available at fxpov.com/privacy, which is incorporated into this Agreement by reference.

6.6 Security

TWP will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect Customer Data against unauthorized access, use, disclosure, alteration, or destruction. No system is 100% secure, however, and TWP does not guarantee that Customer Data will never be accessed by an unauthorized party.

6.7 Customer Data Export and Deletion

During the Subscription Term, Customer may export Customer Data through tools made available within the Service. Following termination of this Agreement, TWP may delete Customer Data after a reasonable retention period (typically 30 days), except where retention is required by law.

7. Intellectual Property

The Service, the Documentation, the FXPOV name and logo, and all related software, content, designs, algorithms, models, dashboards, reports, and improvements (collectively, the “TWP IP”) are and shall remain the sole and exclusive property of TWP and its licensors. This Agreement is a license, not a sale, and no title to or ownership of any TWP IP is transferred to Customer. Customer shall not contest TWP’s ownership of the TWP IP.

7.1 Feedback

If Customer provides TWP with suggestions, ideas, or feedback regarding the Service (“Feedback”), Customer hereby assigns to TWP all right, title, and interest in such Feedback and grants TWP a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Service or any other TWP product, without obligation or compensation to Customer.

8. Confidentiality

Each party (the “Receiving Party”) shall protect the Confidential Information of the other party (the “Disclosing Party”) using the same degree of care it uses to protect its own confidential information of like importance, but in no event less than reasonable care, and shall not use or disclose such Confidential Information except as necessary to perform its obligations or exercise its rights under this Agreement. “Confidential Information” includes Customer Data, the non-public features and pricing of the Service, and any other information designated as confidential or that should reasonably be understood to be confidential. The obligations of this Section do not apply to information that is publicly known through no fault of the Receiving Party, was already known to the Receiving Party, was independently developed without reference to the Disclosing Party’s information, or is required to be disclosed by law (provided the Disclosing Party is given prompt notice where legally permitted).

9. DMCA / Copyright Infringement

TWP respects the intellectual property rights of others and expects users of the Service to do the same. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), TWP will respond to clear notices of alleged copyright infringement. Notices should be sent to TWP’s designated copyright agent at dmca@fxpov.com and must include: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material with sufficient detail to permit TWP to locate it; (d) the complainant’s contact information; (e) a statement that the complainant has a good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that the complainant is the copyright owner or authorized to act on the owner’s behalf. TWP will, in appropriate circumstances, terminate the accounts of users determined to be repeat infringers.

10. Service Availability and Modifications

TWP will use commercially reasonable efforts to make the Service available 24/7, except for (i) planned downtime (for which TWP will provide reasonable advance notice when practicable) and (ii) unavailability caused by circumstances beyond TWP’s reasonable control. TWP may, at any time and in its sole discretion, add, remove, modify, or discontinue features of the Service. TWP will use reasonable efforts to provide notice of material adverse changes.

11. Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE, THE DOCUMENTATION, AND ALL DATA, REPORTS, ANALYTICS, RECOMMENDATIONS, AND OUTPUTS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TWP, ON BEHALF OF ITSELF AND ITS LICENSORS, SUPPLIERS, AND AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

TWP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE, OR SECURE. ANY DECISIONS CUSTOMER MAKES BASED ON ANALYTICS, FORECASTS, OR RECOMMENDATIONS PRODUCED BY THE SERVICE ARE MADE AT CUSTOMER’S SOLE RISK. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL, TAX, ACCOUNTING, REGULATORY (INCLUDING DOT/FMCSA), OR EMPLOYMENT ADVICE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT SHALL TWP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND

(b) TWP’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF (I) THE FEES ACTUALLY PAID BY CUSTOMER TO TWP FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (US $100).

The foregoing limitations apply notwithstanding any failure of essential purpose of any limited remedy. The parties acknowledge that the fees reflect the allocation of risk set forth in this Agreement and that TWP would not enter into this Agreement absent these limitations.

13. Indemnification

13.1 By Customer

Customer shall defend, indemnify, and hold harmless TWP, its Affiliates, and each of their respective officers, directors, employees, and agents from and against any third-party claim, suit, or proceeding, and all related losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees), arising out of or relating to: (a) Customer Data, including any claim that Customer Data infringes or misappropriates a third party’s rights or violates any agreement between Customer and FedEx or any other third party; (b) Customer’s or any Authorized User’s use of the Service in violation of this Agreement or applicable law; or (c) Customer’s breach of any representation, warranty, or covenant in this Agreement.

13.2 Procedure

TWP shall promptly notify Customer in writing of any claim subject to indemnification, allow Customer to control the defense and settlement (provided that no settlement may impose any obligation on TWP without TWP’s prior written consent), and reasonably cooperate with Customer at Customer’s expense.

14. Term and Termination

14.1 Term

This Agreement begins on the date Customer first accepts it and continues until the Subscription Term (and any renewal) ends or this Agreement is terminated.

14.2 Termination for Convenience

Customer may cancel its Subscription at any time as described in Section 4.3. TWP may terminate or suspend the Service for convenience upon thirty (30) days’ written notice.

14.3 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement and fails to cure the breach within ten (10) days after receiving written notice (or immediately if the breach is incapable of cure). TWP may suspend access immediately for any breach of Sections 2.2 (Restrictions), 5 (Acceptable Use), or 6.3 (Customer Warranty Regarding Uploaded Data).

14.4 Effect of Termination

Upon termination, all rights granted to Customer under this Agreement cease, Customer must stop using the Service, and TWP may delete Customer Data as described in Section 6.7. Termination does not entitle Customer to a refund of any pre-paid fees, and any fees accrued and unpaid as of termination remain payable.

14.5 Survival

Sections 2.4, 6.1–6.4, 7, 8, 11, 12, 13, 14.4, 14.5, 15, 17, 18, and 19, together with any other provision that by its nature should survive, will survive termination of this Agreement.

15. Governing Law and Venue

This Agreement is governed by and construed in accordance with the laws of the State of Colorado, U.S.A., without regard to its conflict-of-laws principles. Subject to the arbitration provision in Section 18, any judicial action permitted hereunder (including actions to compel arbitration, enforce an arbitral award, or seek injunctive relief) shall be brought exclusively in the state or federal courts located in El Paso County, Colorado, and the parties consent to the personal jurisdiction of, and exclusive venue in, those courts.

16. Compliance with Law; Export

Customer shall comply with all applicable laws and regulations in connection with its use of the Service, including U.S. export-control and sanctions laws administered by the U.S. Department of Commerce (BIS) and the U.S. Department of the Treasury (OFAC). Customer represents that it is not located in, and is not a national or resident of, any country subject to a U.S. embargo or designated as a “terrorist-supporting” country, and that it is not on any U.S. government list of prohibited or restricted parties.

17. Notices

Notices to TWP must be in writing and sent to: TWP Investments LLC, Attn: Legal — FXPOV, [Street Address], Colorado Springs, CO [ZIP], with a copy by email to legal@fxpov.com. Notices to Customer may be sent to the email address associated with Customer’s account or posted within the Service. Notices are deemed given upon receipt or, if by email, upon transmission (absent a bounce notice).

18. Mandatory Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

18.1 Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service (a “Dispute”), other than (a) actions to enforce intellectual property rights, (b) actions for injunctive or other equitable relief, or (c) small-claims-court actions within that court’s jurisdiction, shall be resolved exclusively by final and binding arbitration administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules (for claims under US $250,000) or the JAMS Comprehensive Arbitration Rules (for larger claims), and judgment on the award may be entered in any court of competent jurisdiction.

18.2 Arbitrator, Seat, and Language

The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Colorado Springs, Colorado, U.S.A., unless the parties agree otherwise. The arbitration shall be conducted in English. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section.

18.3 Class-Action and Jury Waiver

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY.

18.4 Opt-Out Right

Customer may opt out of this arbitration agreement (Section 18) by sending a signed written notice to legal@fxpov.com within thirty (30) days after first accepting this Agreement. The notice must include Customer’s name, account information, and an unambiguous statement that Customer wishes to opt out of arbitration. Opting out will not affect any other provision of this Agreement.

18.5 Severability of this Section

If the class-action waiver in Section 18.3 is found to be unenforceable as to a particular claim, that claim (and only that claim) shall be severed and brought in court, with all other claims proceeding in arbitration.

19. Miscellaneous

19.1 Entire Agreement

This Agreement, together with any order form, the Privacy Policy, and any policies referenced herein, constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior or contemporaneous understandings, whether written or oral.

19.2 Amendments

TWP may modify this Agreement from time to time by posting an updated version at fxpov.com/eula and updating the “Effective Date” above. Material changes will be communicated to Customer by email or through the Service at least thirty (30) days before they take effect. Continued use of the Service after the effective date of an updated EULA constitutes acceptance of the changes. If Customer does not agree, Customer’s sole remedy is to cancel the Subscription before the change takes effect.

19.3 Assignment

Customer may not assign this Agreement, in whole or in part, without TWP’s prior written consent. TWP may assign this Agreement, in whole or in part, to any Affiliate or successor in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any prohibited assignment is void.

19.4 Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, natural disaster, pandemic, war, terrorism, civil unrest, labor disputes, government action, internet or telecommunications failures, or third-party service-provider failures.

19.5 Independent Contractors

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties.

19.6 Severability; Waiver

If any provision of this Agreement is held to be unenforceable, the remaining provisions will continue in full force and effect. A waiver of any breach is not a waiver of any subsequent breach.

19.7 No Third-Party Beneficiaries

This Agreement is for the benefit of the parties only and does not create rights in any third party, including, without limitation, FedEx Corporation.

19.8 Headings

Section headings are for convenience only and do not affect the interpretation of this Agreement.

19.9 Counterparts; Electronic Acceptance

This Agreement may be accepted electronically (including by clicking “I Accept”), and such acceptance has the same force and effect as a handwritten signature.

20. Contact Information

Electronic Acceptance

By clicking “I Accept,” checking the agreement box at sign-up, or otherwise registering for, accessing, or using FXPOV, You agree to be bound by this Agreement on behalf of the Customer entity You represent. Your electronic acceptance has the same force and effect as a handwritten signature and satisfies any requirement that a contract be in writing under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act (UETA), and any similar applicable law. TWP will retain a record of Your acceptance, including the date, time, IP address, and account identifier associated with the acceptance event.