TOS | BE Logistics Mobile App Website Landing Page

Terms of Service

These Terms of Service constitute a legally binding agreement (the "Agreement") between you and BE Logistics, Inc., its parents, subsidiaries, representatives, affiliates, officers, and directors (collectively, "BE Logistics," "we," "us" or "our") governing your use of the BE Logistics mobile application, websites, technology, facilities, and platform (collectively, the "BE Logistics Platform").

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND BE LOGISTICS CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST BE LOGISTICS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.

By entering into this Agreement, and/or by using or accessing the BE Logistics Platform, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BE LOGISTICS PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE BE LOGISTICS PLATFORM. If you use the BE Logistics Platform in another country, you agree to be subject to BE Logistics' terms of service for that country. Suppose you are accessing or using the BE Logistics Platform to access or use BE Logistics services on behalf of an organization contracted with BE Logistics, and you are not accessing or using the BE Logistics Platform as a Consignor or Driver. In that case, your access and use are governed by the contract between BE Logistics and your organization.

When using the BE Logistics Platform, you also agree to conduct yourself in accordance with our Community Guidelines, which shall form part of this Agreement between you and BE Logistics.

1. The BE Logistics Platform

The BE Logistics Platform provides a marketplace where, among other things, persons who seek transportation for their loads ("Consignors") can be matched with transportation options to their desired destinations. One option for Consignors is to request transportation from carriers (Drivers) traveling to or through those destinations. Drivers, Consignors, and any other individuals, excluding any Excluded Individuals, using the BE Logistics Platform are collectively referred to herein as "Users," and the transportation services provided by Drivers to Consignors in connection with the BE Logistics Platform shall be referred to herein as "Transportation Services." "BE Logistics Services" shall include any service provided by BE Logistics pursuant to the BE Logistics Platform (for clarity, BE Logistics Services does not include Transportation Services or Third-Party Services). As a User, you authorize BE Logistics to match and/or re-match you with Drivers or Consignors based on factors such as your location, the requested pickup location, the estimated time to pick up, your destination, User preferences, load type, membership status, regulatory or other third-party requirements, user statistics, and platform efficiency, and to cancel an existing match based on the same or other considerations. Any decision by a User to offer or accept Transportation Services is made in such User's sole discretion. A separate agreement is formed between Drivers and Consignors when the Consignor accepts the Transportation Services offered by the Driver. As used herein, "Excluded Individuals" means any individual registering to use the BE Logistics Platform or whose use of the BE Logistics Platform is on behalf of an organization contracted with BE Logistics, except as a Consignor or Driver.

In certain markets, Consignors may have the option to rent transportation equipment (e.g., trailers, specialized vehicles, etc.) or be offered other services through the BE Logistics Platform. In some markets, some of these rental programs and/or other services are owned and operated by BE Logistics. In other markets, third parties own or operate some of these rental programs and/or other services.

In any case, your use of BE Logistics Services through the BE Logistics Platform may be subject to additional agreements between you and BE Logistics as applicable to the particular service in the specific market ("Supplemental Agreements"). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT RENT OR USE BE LOGISTICS SERVICES IN SUCH MARKET. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this Agreement shall control unless such Supplemental Agreement specifically states otherwise.

2. Modification to the Agreement

BE Logistics reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement.

BE Logistics reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the BE Logistics Platform after any such changes shall constitute your acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

3. Eligibility

The BE Logistics Mobile Application may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The BE Logistics Mobile Application is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, you agree that you are the sole authorized user of your User account, and you may not use your User account on behalf of any third party, except as otherwise expressly permitted by BE Logistics. To use the BE Logistics Mobile Application, each User shall create a User account. Each person may only create one User account, and BE Logistics reserves the right to deactivate any additional or duplicate accounts. Your participation in certain BE Logistics programs and use of certain BE Logistics services may be subject to additional eligibility requirements as determined by BE Logistics.

By becoming a User, you represent and warrant that you are at least 18 years old. Minors are forbidden to create a User account or to use the BE Logistics Mobile Application. All users are subject to the following requirements and restrictions: (a) you ensure that no minor uses of the BE Logistics Mobile Application as it is limited to solely to accessing and using BE Logistics Services and/or Third-Party Services where expressly permitted under the Supplemental Agreement applicable to such BE Logistics Services and/or Third-Party Services, (b) you determine that the BE Logistics Services and/or Third-Party Services are suitable for a given user, (c) any given use of the BE Logistics Mobile Application and applicable BE Logistics Services and/or Third-Party Services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the BE Logistics Mobile Application, (d) you ensure that no minor requests or accepts any Transportation Services. For clarity User under 18 years old may use our service.

4. Charges

As a User, you understand that request or use of Transportation Services, BE Logistics Services, or Third-Party Services may result in charges ("Charges") to you and/or to an organization, if applicable. Charges to Consignors and/or organizations, if applicable, for Transportation Services include Transport Fees (defined below) and other applicable fees, tolls, surcharges, and taxes, including as set forth on your market's BE Logistics Cities page ("BE Logistics Cities Page"), plus any tips to the Driver that you elect to pay. BE Logistics has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market's BE Logistics Cities Page or quoting you a price for a specific transport at the time you make a request. Pricing may vary based on the type of service you request (e.g., shared, economy, extra seats, luxury) as described on your market's BE Logistics Cities Page or within the BE Logistics Mobile Application. You are responsible for reviewing the applicable BE Logistics Cities Page or price quote within the BE Logistics Mobile Application and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Transportation Service Tariffs ("Tariffs"):

There are two types of Tariffs, quoted and variable.

Quoted Tariffs. When you make a transport request using the BE Logistics Mobile Application, BE Logistics will quote you a Tariff at the time of your request. The quote is subject to change until the transport request is confirmed. If your final destination is not the same as the destination in your transport request, or the time or distance of your transport differs substantially from your quoted Tariff, or if you attempt to abuse the BE Logistics Mobile Application, we may, at BE Logistics’ sole discretion and determination, cancel the Tariff quote and charge you a variable Tariff as described below. BE Logistics does not guarantee that the quoted Tariff price will be equal to a variable Tariff for the same transport. Quoted Tariffs may include the Transportation Service Fees and Other Charges below, as applicable.
Variable Tariffs. Variable Tariffs consist of a base charge and incremental charges based on the time and distance of your transport. For particularly short transports, minimum Tariffs may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your transport. We cannot guarantee the availability or accuracy of GPS data. If we lose the signal, we will calculate the time and distance using the data from your transport. In addition to the variable Tariff, the total cost of your transport may include the Transportation Service Fees and Other Charges below, as applicable.

Transportation Service Fees and Other Charges.

Service Fee. BE Logistics may charge a “Service Fee” for each transport, as set forth on the applicable BE Logistics Cities Page.

Prime Time. At certain times, including times of high demand for Transportation Services (“Prime Time”), you acknowledge that Tariffs may increase substantially. For quoted Tariffs, we may factor Prime Time increases into the quoted price of the transport.

Priority Pickup and Wait & Save. In some cases, you may be able to select an expected pick-up that is faster or slower than standard for a higher or lower Tariff, respectively.

Cancellation Fee. After requesting a transport, you may cancel it through the BE Logistics Mobile Application, but note that in some instances a cancellation fee may apply. BE Logistics may also charge a fee if you fail to show up after requesting a transport. Please check out our Help Center to learn about BE Logistics’ consignor cancellation policy.

Damage Fee. Suppose a Driver reports that you have materially damaged the Driver's vehicle. In that case, you agree to pay a “Damage Fee” of up to $250, depending on the extent of the damage (as determined by BE Logistics in its sole discretion), towards vehicle repair or cleaning. BE Logistics reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.

Abuse Fee. If we receive a credible report that you have misused or abused the BE Logistics Mobile Application, you agree to pay an “Abuse Fee” of up to $250 as determined by BE Logistics in its sole discretion. BE Logistics reserves the right (but is not obligated) to verify or otherwise require documentation of abuse prior to processing the Abuse Fee.

Tolls. In some instances tolls, toll estimates, or return tolls may apply to your transport. Please see our Help Center and your market’s BE Logistics Cities Page for more information about toll charges. We do not guarantee that the amount charged by BE Logistics will match the toll charged to the Driver, if any.

Other Charges. Other fees and surcharges may apply to your transport, including, but not limited to: actual or anticipated airport fees, state fees, local fees, event fees, fuel surcharges, wait time fees, or distance surcharges as determined by BE Logistics or its marketing partners. In addition, where required by law BE Logistics will collect applicable taxes. See your market’s BE Logistics Cities Page for information on other Charges that may apply to your transport.

Tips. Following a transport, you may tip your driver in cash or through the BE Logistics Mobile Application. You may also set a default tip amount or percentage through the BE Logistics Mobile Application. Any tips will be provided entirely to the applicable Driver.

Charges Generally.

Facilitation of Charges. All Charges are facilitated through a third-party payment processor (First Data, Stripe, Inc., Braintree, a division of PayPal, Inc., etc.). BE Logistics may replace its third-party payment processor without notice to you. With the exception of tips and the purchase of BE Logistics Credits, cash payments are strictly prohibited unless expressly permitted by BE Logistics. Your payment of Charges to BE Logistics satisfies your payment obligation for your use of the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services, and Transportation Services. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency indicated in your settings. If your primary payment method expires, is invalid, or if Charges to your primary payment method are unable to be processed for whatever reason, then you agree that BE Logistics may charge your other available payment methods in the BE Logistics Mobile Application. If you don't recognize a transaction, then check your transport receipts and payment history.

No Refunds. All Charges are non-refundable except to the extent required by law. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the BE Logistics Mobile Application, any disruption to the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services, or Transportation Services, or any other reason whatsoever.

Coupons. You may receive coupons, credits, discounts, or other promotions (collectively, “Coupons”) that you can apply toward payment of certain Charges. Coupons are valid only for use on the BE Logistics Mobile Application, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, and if the cost of your Charges exceeds the applicable Coupon value, we may charge your payment method on file for the Charges in excess of the Coupon amount. With respect to Tariffs, BE Logistics may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the Coupon. Additional restrictions on Coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant Coupon within the Rewards section of the BE Logistics Mobile Application.

Supplemental Charges. Charges related to BE Logistics Services (including the rental of bikes and scooters) may be further detailed in the applicable Supplemental Agreement.

Third-Party Charges. If you choose to purchase Third-Party Services (described further in Section 20) through the BE Logistics Mobile Application, you authorize your payment method on file to be charged according to the pricing terms set by BE Logistics or the third-party provider, or as otherwise provided in the terms of the purchased services.

Payment Card Authorization. Upon addition of a new payment method or each request for BE Logistics Services, Transportation Services, or Third-Party Services, BE Logistics may seek authorization of your selected payment method to verify the payment method, ensure the Charges will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. BE Logistics is not responsible for these charges and is unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.

For clarity, BE Logistics does not charge a fee for Users to access the BE Logistics Mobile Application, but retains the right to charge Users and/or organizations, if applicable, a fee or any other Charge for accessing or using BE Logistics Services, Transportation Services, or Third-Party Services made available through the BE Logistics Mobile Application

Driver Payments

If you are a Driver, you will receive payment for your provision of Transportation Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and BE Logistics.

BE Logistics Communications

By entering into this Agreement or using the BE Logistics Mobile Application, you agree to receive communications from us, our affiliates, or our third-party partners, at any of the phone numbers provided to BE Logistics by you or on your behalf, and also via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from BE Logistics, its affiliated companies and/or Drivers may include but are not limited to: operational communications concerning your User account or use of the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services or Transportation Services, updates concerning new and existing features on the BE Logistics Mobile Application, communications concerning marketing or promotions run by us or our third-party partners, and news concerning BE Logistics and industry developments. If you change or deactivate the phone number you provided to BE Logistics, you agree to update your User account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO 46080 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE BE LOGISTICS MOBILE APPLICATION OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM BE LOGISTICS (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 46080 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES; HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE BE LOGISTICS MOBILE APPLICATION OR RELATED SERVICES. WHEN YOU OPT OUT TEXTS OR CALLS, YOU MAY RECEIVE A ONE-TIME OPT-OUT CONFIRMATION TEXT MESSAGE. NO FURTHER MESSAGES WILL BE SENT TO YOUR MOBILE DEVICE, UNLESS INITIATED BY YOU. FOR COMMUNICATION SERVICE SUPPORT OR ASSISTANCE, PLEASE VISIT OUR HELP CENTER.

Your Information

Your Information is any information you provide, publish, or post, and any information provided on your behalf to or through the BE Logistics Mobile Application Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any BE Logistics-related Facebook, Twitter or other social media posting) (your "Information"). You consent to us using your information to create a user account allowing you to use the BE Logistics Mobile Application Platform and BE Logistics Services and participate in Loadshare Services. Our collection and use of personal information in connection with the BE Logistics Mobile Application Platform, BE Logistics Services, and Loadshare Services is as provided in BE Logistics' Privacy Policy.

You are solely responsible for your information and interactions with other members of the public, and we act only as a passive conduit for your online posting of information. You agree to provide and maintain accurate, current, and complete Information and that we and other members of the public may rely on your Information as accurate, current, and complete.

To enable BE Logistics to use your Information for the purposes described in the Privacy Policy and this Agreement, or to otherwise improve the BE Logistics Mobile Application Platform, BE Logistics Services, or Loadshare Services you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known.

BE Logistics does not assert any ownership over your Information; rather, as between you and BE Logistics, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

Promotions, Referrals, and Loyalty Programs

At its sole discretion, BE Logistics may make promotions, referrals, and loyalty programs with different features available to users or prospective users. BE Logistics reserves the right to withhold or deduct credits or benefits obtained through a promotion or program if BE Logistics determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. BE Logistics reserves the right to terminate, discontinue, modify, or cancel any promotions or programs at any time and in its sole discretion without notice to you.

BE Logistics’ referral program may incentivize you to refer your friends and family to become new Users of the BE Logistics Mobile Application in your country (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.

Restricted Activities

With respect to your use of the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services, and your participation in the Transportation Services, you agree that you will not:

Impersonate any person or entity;
Stalk, threaten, or otherwise harass any person, or carry any weapons;
Violate any law, statute, rule, permit, ordinance or regulation;
Interfere with or disrupt the BE Logistics Mobile Application or the servers or networks connected to the BE Logistics Mobile Application;
Post Information or interact on the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services, or Transportation Services in a manner that is fraudulent, libelous, abusive, obscene, profane, sexually-oriented, harassing, or illegal;
Use the BE Logistics Mobile Application in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
Post, email, or otherwise transmit any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of the BE Logistics Mobile Application or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data, or personal information;
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through the BE Logistics Mobile Application;
“Frame” or “mirror” any part of the BE Logistics Mobile Application without our prior written authorization or use meta tags or code or other devices containing any reference to us to direct any person to any other website for any purpose;
Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the BE Logistics Mobile Application;
Rent, lease, lend, sell, redistribute, license, or sublicense the BE Logistics Mobile Application or access to any portion of the BE Logistics Mobile Application;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine,” copy, access, acquire information, generate impressions or clicks, input or store information, search, monitor any portion of the BE Logistics Mobile Application, or in any way reproduce or circumvent the navigational structure or presentation of the BE Logistics Mobile Application or its contents;
Link directly or indirectly to any other websites;
Transfer, lend, or sell your User account, password and/or identification, or any other User’s Information to any other party;
Use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or otherwise omit, misrepresent, or mislead as to the origin or source of any entity accessing the BE Logistics Mobile Application;
Discriminate against or harass anyone based on race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation;
Violate any of the Referral Program rules if you participate in the Referral Program;
Commercialize the Transportation Services, Third-Party Services, or our BE Logistics Services without an agreement directly with BE Logistics;Misuse or abuse the Transportation Services, Third-Party Services, or our BE Logistics Services in violation of eligibility requirements as determined by BE Logistics;
Violate BE Logistics’ Policy Against Sexual Assault, Misconduct, and Harassment;
Circumvent any measures implemented by BE Logistics to prevent or address violations of this Agreement; or
Cause any third party to engage in the restricted activities above.

Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security or violation of this Agreement, you agree to notify us immediately.

Driver Representations, Warranties and Agreements

By providing Transportation Services as a Driver on the BE Logistics Mobile Application, you represent, warrant, and agree that:

You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Consignors in all jurisdictions in which you provide Transportation Services.
You own, or have the legal right to operate, the vehicle you use when providing Transportation Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been or will be remedied per manufacturer instructions.
You will not engage in reckless behavior while driving or otherwise providing Transportation Services, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Transportation Services, provide Transportation Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the BE Logistics community or third parties.
You will only provide Transportation Services using the vehicle that has been reported to BE Logistics and approved. You will not transport more loads than can securely be accommodated in such a vehicle.
You will not, while providing the Transportation Services, operate as a public or common carrier or taxi service, accept street hails, charge for transports (except as expressly provided in this Agreement), demand that a Consignor pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud BE Logistics or Consignors on the BE Logistics Mobile Application or in connection with your provision of Transportation Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Tariffs or other payments for the transport(s) in question and take any other action against you available under the law.
You will not discriminate against Consignors with disabilities and agree to review BE Logistics’ Anti-Discrimination Policies. You will make reasonable accommodations as required by law and our Service Animal Policy and Wheelchair Policy for Consignors who travel with their service animals or use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car’s trunk or backseat.
You agree that we may obtain information about you, including your criminal and driving records. You agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Transportation Services, and you agree to provide proof of such insurance and that information regarding such insurance may be released to BE Logistics upon BE Logistics’ reasonable request.
You will pay all applicable federal, state, and local taxes based on your provision of Transportation Services and any payments you receive.
You will comply with BE Logistics’ reasonable requests to provide information concerning Consignor complaints, law enforcement requests, or any other incident.

Intellectual Property

All intellectual property rights in and to the BE Logistics Mobile Application shall absolutely be owned by BE Logistics and in their entirety. These rights include database rights, inventions and patentable subject matter, patents, copyrights, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the BE Logistics Mobile Application are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of BE Logistics. BE Logistics shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Except for the explicit license grants hereunder, nothing in this Agreement shall be construed to transfer ownership of or grant a license under any intellectual property rights.

BE Logistics and other BE Logistics logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of BE Logistics in the United States and/or other countries (collectively, the “BE Logistics Marks”). Suppose you provide Transportation Services as a Driver. In that case, BE Logistics grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the BE Logistics Marks solely on the BE Logistics stickers/decals, and any other BE Logistics-branded items provided by BE Logistics directly to you in connection with providing the Transportation Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without BE Logistics’ prior written permission, which it may withhold in its sole discretion. The BE Logistics logo (or any BE Logistics Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a BE Logistics Mark in a domain name or BE Logistics referral code, or use of a BE Logistics Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the BE Logistics Mobile Application, but may not misidentify yourself as BE Logistics, an employee of BE Logistics, or a representative or agent of BE Logistics.

You acknowledge that BE Logistics is the owner and licensor of the BE Logistics Marks, including all goodwill associated therewith, and that your use of the BE Logistics logo (or any BE Logistics Marks) will confer no interest in or ownership of the BE Logistics Marks in you but rather inures to the benefit of BE Logistics. You agree to use the BE Logistics logo strictly in accordance with BE Logistics’ Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that BE Logistics determines to be nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that use the BE Logistics Marks or any derivatives of the BE Logistics Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by BE Logistics in writing; (2) use the BE Logistics Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the BE Logistics Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair BE Logistics’ rights as owner of the BE Logistics Marks or the legality and/or enforceability of the BE Logistics Marks, including, challenging or opposing BE Logistics’ ownership in the BE Logistics Marks; (4) apply for trademark registration or renewal of trademark registration of any of the BE Logistics Marks, any derivative of the BE Logistics Marks, any combination of the BE Logistics Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the BE Logistics Marks; (5) use the BE Logistics Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

You agree you will not rent, lease, lend, sell, or otherwise redistribute the BE Logistics driver amp, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic BE Logistics driver amps or other BE Logistics Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from BE Logistics.

Violation of any provision of this License may result in immediate termination of the License, in BE Logistics’ sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the BE Logistics Marks (in violation of this Agreement or otherwise), you agree that upon their creation BE Logistics exclusively owns all right, title and interest in and to such materials, including any modifications to the BE Logistics Marks or derivative works based on the BE Logistics Marks or BE Logistics copyrights. You further agree to assign any interest or right you may have in such materials to BE Logistics, and to provide information and execute any documents as reasonably requested by BE Logistics to enable BE Logistics to formalize such assignment.

BE Logistics respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the BE Logistics Mobile Application infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.

Disclaimers

The following disclaimers are made on behalf of BE Logistics, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

BE Logistics does not provide transportation services, and BE Logistics is not a transportation carrier. BE Logistics is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a transport to a Consignor contacted through the BE Logistics Mobile Application, and it is up to the Consignor to decide whether or not to accept a transport from any Driver contacted through the BE Logistics Mobile Application. We cannot ensure that a Driver or Consignor will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Transportation Services. Any safety-related feature, process, policy, standard, or other effort undertaken by BE Logistics is not an indication of any employment or agency relationship with any User.

The BE Logistics Mobile Application is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services, and/or the Transportation Services, including the ability to provide or receive Transportation Services at any given location or time. BE Logistics reserves the right, for example, to limit or eliminate access to the BE Logistics Mobile Application for Transportation Services, Third-Party Services, and/or BE Logistics Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services, or Transportation Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the BE Logistics Mobile Application will be corrected, or that the BE Logistics Mobile Application is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity, availability, accuracy, completeness, and reliability of the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services, or Transportation Services, including with respect to mapping, navigation, estimated times of arrival, and routing services. You are responsible at all times for your conduct and the consequences of your conduct while using the BE Logistics Mobile Application.

We cannot guarantee that each Consignor or Driver is who he or she claims to be. Please use common sense when using the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services, and Transportation Services, including looking at the photos of the Driver or Consignor you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the BE Logistics Mobile Application by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Consignor prior to engaging in an arranged transportation service.

BE Logistics is not responsible for the conduct, whether online or offline, of any User of the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services, or Transportation Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Consignors. By using the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services, and participating in the Transportation Services, you agree to accept such risks and agree that BE Logistics is not responsible for the acts or omissions of Users on the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services, or participating in the Transportation Services.

You are responsible for the use of your User account and BE Logistics expressly disclaims any liability arising from the unauthorized use of your User account.

It is possible for others to obtain information about you that you provide, publish or post to or through the BE Logistics Mobile Application (including any profile information you provide), send to other Users, or share during the Transportation Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the BE Logistics Mobile Application or through the Transportation Services, BE Logistics Services, or Third-Party Services. Please carefully select the type of information that you post on the BE Logistics Mobile Application or through the Transportation Services, BE Logistics Services, or Third-Party Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning BE Logistics or made available through the BE Logistics Mobile Application, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the BE Logistics Mobile Application or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the BE Logistics Mobile Application and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Location data provided by the BE Logistics Mobile Application is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither BE Logistics, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the BE Logistics Mobile Application. Any of your Information, including geolocational data, you upload, provide, or post on the BE Logistics Mobile Application may be accessible to BE Logistics and certain Users of the BE Logistics Mobile Application.

BE Logistics advises you to use the BE Logistics Mobile Application with a data plan with unlimited or very high data usage limits, and BE Logistics shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the BE Logistics Mobile Application.

This paragraph applies to any version of the BE Logistics Mobile Application that you acquire from the Apple App Store. This Agreement is entered into between you and BE Logistics. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the BE Logistics Mobile Application. BE Logistics, not Apple, is solely responsible for the BE Logistics Mobile Application and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

As a Driver, you may be able to use "BE Logistics Nav built by Google" while providing Transportation Services on the BE Logistics Mobile Application. Consignors and Drivers may also use Google Maps while using the BE Logistics Mobile Application. In either case, you agree that Google may collect your location data when the BE Logistics Mobile Application is running in order to provide and improve Google's services, that such data may also be shared with BE Logistics in order to improve its operations, and that Google's terms and privacy policy will apply to this usage.

BE Logistics shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, 1 circumstances or causes beyond its reasonable control including (without limitation) natural disasters 2 or acts of God; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes; riots; 2 acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist. 2

State and Local Disclosures

Certain jurisdictions require additional disclosures to you, such as requirements for Drivers, earnings information, and where you can access BE Logistics' certificates of insurance. You can view any disclosures required by your local jurisdiction at [invalid URL removed]. By accepting this Agreement, you acknowledge that BE Logistics has provided these disclosures to you and that you have read them. Please check regularly for updates.

Revised Terms of Service Section 17:

Indemnification

You will indemnify and hold harmless, and at BE Logistics' election, defend BE Logistics, including our affiliates, subsidiaries, parents,

successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, the “Indemnified Parties”) from and against any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services, and participation in the Transportation Services, including:

(1) Your breach of this Agreement or the documents it incorporates by reference; (2) Your violation of any law or the rights of a third party, including Drivers, Consignors, other carriers, and pedestrians, as a result of your own interaction with such third party; (3) Any allegation that any materials or Information that you submit to us or transmit through the BE Logistics Mobile Application or to us infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) Your ownership, use or operation of a motor vehicle used for transporting loads, including your provision of Transportation Services as a Driver; (5) The transportation of any Loads, including but not limited to hazardous waste, in a manner that does not comply with all applicable laws and regulations; and/or (6) Any other activities in connection with the BE Logistics Mobile Application, BE Logistics Services, Third-Party Services, or Transportation Services.

This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You will not, without BE Logistics' prior written consent, agree to any settlement on behalf of any Indemnified Party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any Indemnified Party.

Limitation of Liability

IN NO EVENT WILL BE LOGISTICS, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “BE LOGISTICS” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE BE LOGISTICS MOBILE APPLICATION, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE BE LOGISTICS MOBILE APPLICATION, BE LOGISTICS SERVICES, THE TRANSPORTATION SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BE LOGISTICS MOBILE APPLICATION MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT BE LOGISTICS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT. FOR CLARITY AND WITHOUT LIMITING THE FOREGOING, BE LOGISTICS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Revised Terms of Service Section 19:

Term and Termination

This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated:

(a) By User, without cause, upon seven (7) days’ prior written notice to BE Logistics; or (b) By either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a)-(i) of this Agreement.

In addition, BE Logistics may terminate this Agreement or deactivate your User account immediately in the event:

(1) You are no longer eligible to qualify as a User; (2) You no longer qualify to provide Transportation Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (3) You fall below BE Logistics’ star rating or cancellation threshold; or (4) BE Logistics has the good faith belief that such action is necessary to protect the safety of the BE Logistics community or third parties.

Provided that in the event of a deactivation pursuant to (1)-(4) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to BE Logistics’ reasonable satisfaction prior to BE Logistics permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to BE Logistics’ satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-18, and 21 shall survive any termination or expiration of this Agreement.

Term and Termination

This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated:

In addition, BE Logistics may terminate this Agreement or deactivate your User account immediately in the event:

Dispute Resolution and Arbitration Agreement

(a) Agreement to Binding Arbitration Between You and BE Logistics Mobile Application.

YOU AND BE LOGISTICS MOBILE APPLICATION MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate ("Arbitration Agreement") is governed by the Federal Arbitration Act ("FAA"); but if the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. This Arbitration Agreement survives after the Agreement terminates or your relationship with BE Logistics Mobile Application ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and BE Logistics Mobile Application, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and BE Logistics Mobile Application's service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A "CLAIM" AND COLLECTIVELY, "CLAIMS") SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND BE LOGISTICS MOBILE APPLICATION. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the BE Logistics Mobile Application Platform, the Transport Services, the BE Logistics Mobile Application Services, BE Logistics Mobile Application promotions, gift card, referrals or loyalty programs, any other goods or services made available through the BE Logistics Mobile Application Platform by BE Logistics Mobile Application or a third-party provider, your relationship with BE Logistics Mobile Application, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on BE Logistics Mobile Application's behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by BE Logistics Mobile Application, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by BE Logistics Mobile Application and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND BE LOGISTICS ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b) Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU AND BE LOGISTICS MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS ("CLASS ACTION WAIVER"). YOU UNDERSTAND AND AGREE THAT YOU AND BE LOGISTICS BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST BE LOGISTICS, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

This Arbitration Agreement applies to all disputes related to the BE Logistics Mobile Application, including but not limited to those involving consignors, loads, transport, loadshare services, tariffs, and the transportation of all kinds of loads, including hazardous waste.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and BE Logistics agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 ("PAGA"), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and BE Logistics agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, "representative PAGA Waiver"). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(d) Rules Governing the Arbitration.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA's website (www.adr.org) (the "AAA Rules"). Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person's Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.

This Agreement applies to the BE Logistics Mobile Application, which facilitates the transportation of various types of loads, including but not limited to general cargo, perishable goods, and hazardous waste. The terms "consignor," "load," "transport," and "loadshare" are used throughout this document to refer to the parties involved in the shipping process, the items being transported, the act of transportation, and the sharing of transportation resources, respectively. Where applicable, "Tariff" is used in place of "Fare" to denote the charges for transportation services.

As part of the arbitration, both you and BE Logistics will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator's decision which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Consignors or Drivers, but is bound by rulings in prior arbitrations involving the same Consignor or Driver to the extent required by applicable law. The arbitrator's award shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

(e) Arbitration Fees and Awards.

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

If BE Logistics initiates arbitration under this Arbitration Agreement, BE Logistics will pay all AAA filing and arbitration fees.

With respect to any Claims brought by BE Logistics against a Driver, or for Claims brought by a Driver against BE Logistics that: (A) are based on an alleged employment relationship between BE Logistics and a Driver; (B) arise out of, or relate to, BE Logistics' actual deactivation of a Driver's User account or a threat by BE Logistics to deactivate a Driver's User account; (C) arise out of, or relate to, BE Logistics' actual termination of a Driver's Agreement with BE Logistics under the termination provisions of this Agreement, or a threat by BE Logistics to terminate a Driver's Agreement; (D) arise out of, or relate to, Tariffs (as defined in this Agreement, including BE Logistics' commission or fees on the Tariffs), tips, or average hourly guarantees owed by BE Logistics to Drivers for Transport Services, including transporting all kinds of loads such as hazardous waste, other than disputes relating to referral bonuses, other BE Logistics promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Driver (the subset of Claims in subsections (A)-(E) shall be collectively referred to as "Driver Claims"), BE Logistics shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by BE Logistics pursuant to the fee provisions above). However, if you are the party initiating the Driver Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Transport Services to Consignors, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 17(e)(2), the term "Driver" shall be deemed to include both Drivers and Driver applicants who have not been approved to drive.

Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys' fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and documents, take depositions and purchase deposition transcripts, copy documents, etc.).

At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.

Although under some laws BE Logistics may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, BE Logistics agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).

If the arbitrator issues you an award that is greater than the value of BE Logistics' last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then BE Logistics will pay you the amount of the award or U.S. $1,000, whichever is greater.

(f) Location and Manner of Arbitration.

Unless you and BE Logistics agree otherwise, any arbitration hearings between BE Logistics and a Consignor will take place in the county of your billing address, and any arbitration hearings between BE Logistics and a Driver will take place in the county in which the Driver provides Transport Services. If AAA arbitration is unavailable in your county, the arbitration hearings will occur in the nearest location for a AAA arbitration. The AAA Rules will determine your right to a hearing.

(g) Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the following types of claims:

(1) small claims actions brought on an individual basis that are within the scope of such small claims court's jurisdiction;

(2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA;

(3) claims for workers' compensation, state disability insurance, and unemployment insurance benefits;

(4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and

(5) individual claims of sexual assault or sexual harassment in connection with the use of the BE Logistics Mobile Application Platform, BE Logistics Services, or Loadshare Services.

Where these claims are brought in a court of competent jurisdiction, BE Logistics will not require arbitration of those claims. BE Logistics' agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waivers provided in Section 17(b)), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board ("NLRB"), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration. However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

(h) Severability. Except as otherwise provided in the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(i) Transporter Claims in Pending Settlement. If you are a member of a putative class in a lawsuit against BE Logistics involving Transporter Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement's effective date (a "Pending Settlement Action"), then this Arbitration Agreement shall not apply to your Transporter Claims in that particular class action. Instead, your Transporter Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement's effective date.

(j) Opting Out of Arbitration for Transportation Provider Claims That Are Not In a Pending Settlement Action

As a Transportation Provider or Transportation Provider applicant, you may opt out of the requirement to arbitrate Transportation Provider Claims defined in Section 19(e)(2) (except as limited by Section 19(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in BE Logistics' Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with BE Logistics.

If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect

to Transportation Provider Claims, you may opt out of arbitration with respect to such Transportation Provider Claims, other than those in a Pending Settlement Action, by notifying BE Logistics in writing of your desire to opt out of arbitration for such Transportation Provider Claims, which writing must be dated, signed and delivered by electronic mail to [insert BE Logistics email address].

In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Transportation Provider Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your User Account, and (C) the email containing the signed writing must be sent within 30 days after the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and BE Logistics shall be bound by the terms of this Arbitration Agreement in full (including with respect to Transportation Provider Claims that are not part of a Pending Settlement Action). As provided in paragraph 19(i) above, any opt out that you submit shall not apply to any Transportation Provider Claims that are part of a Pending Settlement Action and your Transportation Provider Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable BE Logistics Terms of Use that you agreed to prior to the effective date of this Agreement.

Cases have been filed against BE Logistics and may be filed in the future involving Transportation Provider Claims. You should assume that there are now, and may be in the future, lawsuits against BE Logistics alleging class, collective, and/or representative Transportation Provider Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Transportation Provider Claims with BE Logistics under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against BE Logistics in an individual arbitration, except for the Transportation Provider Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt-out of any Transportation Provider Claims under this Arbitration Agreement.

(k) Optional Pre-Arbitration Negotiation Process

Before initiating any arbitration or proceeding, you and BE Logistics may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and BE Logistics. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

(l) Binding Effect; Third-Party Beneficiaries

This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and permitted assigns, where their underlying claim(s) arise out of or relate to your use of the BE Logistics Mobile Application Platform, BE Logistics Services, or Transportation Services. To the extent that any third-party beneficiary to this Agreement brings claims against a party

Confidentiality

You agree not to use any technical, financial, strategic, and other proprietary and confidential information

relating to BE Logistics' business, operations, and properties, information about a Consignor made available to you in connection with such Consignor's use of the BE Logistics Mobile Application Platform, which may include the Consignor's name, pickup location, contact information, and photo (“Confidential Information”) disclosed to you by BE Logistics for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the BE Logistics Mobile Application Platform any Confidential Information obtained from the BE Logistics Mobile Application Platform. As a Driver, you understand that some of the Confidential Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 (“HIPAA”), governing the privacy and security of protected (patient) health information. In the event that you know a Consignor, you should not disclose to anyone the identity of the Consignor or the location that you picked up or dropped off the Consignor, as this could violate HIPAA. You understand that any violation of the Agreement’s confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of BE Logistics in order to prevent it from falling into the public domain.

Notwithstanding the above, you shall not have liability to BE Logistics with regard to any Confidential Information which you can prove:

Was in the public domain at the time it was disclosed by BE Logistics or has entered the public domain through no fault of yours;

Was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure;

Is disclosed with the prior written approval of BE Logistics;

Becomes known to you, without restriction, from a source other than BE Logistics without breach of this Agreement by you and otherwise not in violation of BE Logistics' rights; or

Is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to BE Logistics to enable BE Logistics to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with BE Logistics

As a Driver on the BE Logistics Mobile Application Platform, you acknowledge and agree that you and BE Logistics are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and BE Logistics expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and BE Logistics; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind BE Logistics, and you undertake not to hold yourself out as an employee, agent or authorized representative of BE Logistics.

BE Logistics does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Transportation Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the BE Logistics Mobile Application Platform. BE Logistics does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the BE Logistics Mobile Application Platform. You retain the option to accept or to decline or ignore a Consignor's request for Transportation Services via the BE Logistics Mobile Application Platform, or to cancel an accepted request for Transportation Services via the BE Logistics Mobile Application Platform, subject to BE Logistics' then-current cancellation policies. BE Logistics does not, and shall not be deemed to, require you to accept any specific request for Transportation Services as a condition of maintaining access to the platform. With the exception of any signage required by law or permit/license rules or requirements, BE Logistics shall have no right to require you to: (a) display BE Logistics' names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying BE Logistics' names, logos or colors. You acknowledge and agree that you have complete discretion to provide Transportation Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Transportation Services to other companies, and that BE Logistics does not, and shall not be deemed to, restrict you from engaging in any such activity.

Third-Party Services

In addition to connecting Consignors with Drivers, the BE Logistics Mobile Application Platform may enable Users to provide services or receive services from other third parties. For example, Users may be able to use the BE Logistics Mobile Application Platform to plan and reserve transport on public transportation or in an autonomous vehicle provided by a third party, rent vehicles, bikes, scooters, or other similar personal transportation devices provided by a third party, receive roadside assistance, or obtain financial, vehicle repair, insurance, or other services provided by third parties (collectively, the “Third-Party Services”). This Agreement between you and BE Logistics governs your use of the BE Logistics Mobile Application Platform in connection with the Third-Party Services.

In addition, you understand that the Third-Party Services may also be subject to terms and pricing of the third-party provider (collectively, the “Third-Party Terms”) which will govern your relationship with such third-party provider, as applicable. You agree that BE Logistics is not responsible and may not be held liable for the Third-Party Services or the actions or omissions of the third-party provider. Such Third-Party Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by BE Logistics, and BE Logistics is not responsible for any Third-Party Services accessed through the BE Logistics Mobile Application Platform. This Agreement incorporates by reference ADT Mobile Security Monitoring Terms, which are Third-Party Terms.

In the event of a conflict in the terms of any Third-Party Terms and this Agreement, the terms of this Agreement shall control with respect to BE Logistics and your agreements with BE Logistics herein, and the limitations of liability set forth in Section 15 above shall also apply to the third-party provider. The Dispute Resolution and Arbitration Agreement provisions in Section 17 above shall apply instead of any terms in any Third-Party Terms for all purposes except with respect to claims that are solely against the third-party provider.

General

Except as provided in Section 17, this Agreement shall be governed by the laws of the State of California without regard to choice of law principles.

This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by BE Logistics, in our sole discretion by providing notice to you. You may not assign this Agreement without BE Logistics’ prior written approval. Any purported assignment by you in violation of this Section 21 shall be void. Except as explicitly stated otherwise, any notices to BE Logistics shall be given by certified mail, postage prepaid and return receipt requested to BE Logistics, Inc., at the address provided on our Contact Us web page. Any notices to you shall be provided to you through the BE Logistics Mobile Application Platform or given to you via the email address or physical address you provide to BE Logistics during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches, any such waiver shall be in writing. This Agreement sets forth the entire understanding and agreement between you and BE Logistics with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If you have any questions regarding the BE Logistics Mobile Application Platform, BE Logistics Services, or Transportation Services, please contact us through our Help Center.

Contact Us

If you have any questions or concerns about your privacy or anything in this policy, including if you need to access this policy in an alternative format, we encourage you to contact us through our Help Center or at the contact information provided at the BE Logistics' Contact webpage.