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Terms of Service

A&E Logistics Management Terms and Conditions

1. Acceptance of Terms

By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement.

2. Service Description

A&E Logistics Management provides a cloud-based platform for managing logistics operations in the dirt, gravel, and materials hauling industry. Our services include:

3. User Accounts and Roles

Users of the platform may have different roles and responsibilities:

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Third-Party Integrations

QuickBooks Integration

Our platform offers integration with Intuit QuickBooks to synchronize invoices, bills, customers, and vendors between systems. By connecting your QuickBooks account:

You are responsible for ensuring the accuracy of data synced between systems. A&E Logistics Management is not responsible for any financial discrepancies, tax issues, or accounting errors that may result from the use of this integration.

Twilio SMS Communications

We use Twilio's messaging services to send SMS notifications. Standard message and data rates apply based on your mobile carrier's plan. See Section 12 for communication consent and opt-out information.

5. Use License and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the platform for your logistics business operations. You agree not to:

6. Payment Terms

Certain features of our platform may require payment of fees. You agree to pay all applicable fees as described on our pricing page or in your service agreement. All fees are non-refundable unless otherwise specified. We reserve the right to modify our fees at any time with advance notice to active subscribers.

7. Data Accuracy and User Responsibilities

You are responsible for:

8. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL A&E LOGISTICS MANAGEMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

10. Indemnification

You agree to indemnify, defend, and hold harmless A&E Logistics Management and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the platform, your violation of these Terms, or your violation of any rights of another party.

11. Modifications to Service and Terms

We reserve the right to modify or discontinue the service or any feature at any time with or without notice. We may also revise these Terms of Service at any time. Continued use of the platform after changes constitutes acceptance of the modified terms. We will make reasonable efforts to notify users of material changes via email or platform notifications.

12. Communications and Opt-Out

By creating an account and using our services, you expressly consent to receive communications from A&E Logistics Management, including but not limited to:

SMS Message Details:Message and data rates may apply for text messages based on your mobile carrier's plan. Message frequency varies depending on your activity level and role (brokers and dispatchers typically receive more frequent notifications than other users). We use Twilio's messaging service to deliver SMS notifications. SMS messages may include job details, pickup/delivery information, ticket numbers, and confirmation requests.

Opt-Out Options: You can opt-out of these communications at any time by:

Important: Even if you opt-out of marketing communications, we may still send you critical service-related messages including job dispatches, ticket approvals, payment confirmations, security alerts, and legal notices required for platform operation. These transactional messages are essential to providing the service and cannot be disabled without closing your account.

13. Governing Law and Dispute Resolution

These terms and conditions are governed by and construed in accordance with the laws and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

14. Carrier Agreement

By using this platform as a carrier, you agree to the following Carrier Agreement with A&E Logistics Management. This Agreement applies to any user acting as a licensed and authorized carrier pursuant to a USDOT # and MC # (hereinafter referred to as "Carrier") and A&E Logistics Management, (hereinafter referred to as "Broker"), a licensed property broker pursuant to Docket No. MC# 1773542. Broker and Carrier agree that notwithstanding other provisions, carriage documents or regulation to the contrary, this Agreement shall govern Carrier's performance and obligations pertaining to transportation services for freight tendered to Carrier hereunder.

14.1 Broker Status

Broker is a freight broker which arranges for third party motor carriers to provide cargo transportation for its customers, in accordance with its role as legally defined under 49 U.S.C. § 13102 Definitions (2), 49 C.F.R. §371.2 and 49 U.S.C. § 14501(c)(1).

14.2 Carrier Status, Rights and Responsibility

Carrier will perform its Transportation Services for Broker and its Customers as an independent contractor and will not for any purpose be the agent of Broker or Broker's Customers. Carrier has exclusive control and direction of the work Carrier performs pursuant to this Agreement. Carrier will not contract or take other action in Broker's name without Broker's prior written consent.

Carrier agrees to assume full responsibility for the payment of all local, state, federal and intraprovincial payroll taxes, and contributions or taxes for unemployment insurance, worker's compensation insurance, pensions, and other social security or related protection with respect to the persons engaged by Carrier for Carrier's performance of the transportation and related services, and Carrier shall indemnify, defend and hold Broker, and its Customer harmless there from. Carrier shall provide Broker, with Carrier's Federal Tax ID number and a copy of Carrier's IRS Form W-9 prior to commencing any transportation or related services for Broker, under this Agreement.

14.3 No Right to Lien or Delay Release of Cargo or Equipment

Carrier will not assert any lien or make any claim on any cargo or equipment, and no lien will attach against Broker, its Customers or any cargo or equipment, for failure of Broker, the Customer or any other third party to pay Carrier for charges due to Carrier.

14.4 Waiver of Rights

Carrier shall, notwithstanding any other terms of this Agreement, expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to the extent they conflict with this Agreement.

14.5 Sub-Contract Prohibition

Carrier expressly agrees that all freight tendered to it by Broker shall be transported on equipment operated only under the authority of Carrier, and that Carrier shall not in any manner sub-contract, broker, or in any other form arrange for the freight to be transported by a third party without the prior written consent of Broker. If Carrier breaches this provision, Broker shall have the right of paying the monies it owes Carrier directly to the delivering Carrier, in lieu of payment to Carrier. Upon Broker's payment to delivering Carrier, Carrier shall not be released from any liability to Broker under this agreement. In addition to the indemnity obligation reflected in this agreement the Carrier will be liable for consequential damages for violation of this clause of the agreement.

14.6 Authorities and Licenses; Compliance with Laws

Carrier warrants that it will provide physical transportation of shipments as a fully qualified motor carrier that holds all required federal and state operating authorities. If Carrier's safety rating changes at any time during this Contract's term or if Carrier is sold, merges or dissolves or experiences a change in control of ownership, Carrier will notify Broker immediately (within 24 hours). Carrier will comply with applicable federal, state and/or local laws and regulations (including obtaining all permits and licenses), and any representations or contractual clauses required thereby will be incorporated herein by reference or by operation of law.

14.7 Booking Confirmation

Carrier shall transport shipments arranged by Broker pursuant to carrier load or Booking confirmation sheet(s) included herewith or subsequently incorporated by reference (See Schedule A annexed hereto).

14.8 Compensation

Broker shall pay Carrier for services rendered in an amount equal to the rates and accessorial charges agreed to on the Broker/Carrier Rate Confirmation Sheet or other signed writing. Carrier must submit proof of delivery with invoices to Broker as a precondition of payment for services hereunder. Payment terms shall be thirty (30) days from receipt of necessary supporting documentation.

Carrier agrees that Broker is the sole party responsible for payment of Carrier's invoices and that, under no circumstance, will Carrier seek payment from other parties, to include the shipper or consignee.

14.9 Insurance

Carrier agrees to provide any insurance coverage required by any government body for the types of transportation and related services specified in load confirmation communications received from Broker. All insurance required by this Agreement must be written by an insurance company having a Best's rating of "B+" VII or better and must be authorized to do business under the laws of the state(s) or province(s) in which Carrier provides the transportation and related services as specified in load confirmation communications received from Broker. Carrier's insurance shall be primary and required to respond and pay prior to any other available coverage. Carrier agrees that Carrier, Carrier's insurer(s), and anyone claiming by, through or under Carrier shall have no claim, right of action, or right of subrogation against Broker, its affiliates, or its Customer based on any loss or liability insured under the insurance stipulated herein. Carrier represents and warrants that it will continuously fulfill the requirements of this Section throughout the duration of this Agreement. Broker shall be notified in writing by Carrier's insurance company at least thirty (30) days prior to the cancellation, change or non-renewal of the submitted insurance policies.

Carrier shall at all times during the term of this agreement have and maintain in full force and effect, at its expense, (i) Motor Truck Cargo insurance or a superior equivalent, with limits for the full value of the cargo undercarriage subject to a minimum limit never less than US$100,000 per shipment, a deductible no greater than US$10,000 per shipment and at least the same coverage limit and deductible per shipment while in storage or at a storage facility enroute to the consignee, (ii) Commercial Automobile Liability insurance with a combined single limit of not less than US$1,000,000 per occurrence and without aggregate limits, (iii) Commercial General Liability insurance, in a limit of not less than US$1,000,000 per occurrence, (iv) Worker's Compensation insurance in the amounts required by statute, and Employer's Liability insurance with limits not less than US$500,000 per occurrence, and (v) if Carrier provides Transportation Services for hazardous materials under United States Department of Transportation ("DOT") regulations, public insurance including Commercial Automobile insurance limits required for the commodity transported under 49 C.F.R § 387.7 and 387.9 (or successor regulations thereto) and statutory required Commercial Automobile insurance limits pertaining to the hazard classification of the cargo as defined by DOT, an MCS-90 and Broadened Pollution Liability endorsements for limits required by law and full policy limits.

14.10 Carrier Moving Perishables

Carrier will verify that the equipment is suitable for the transportation of food, dairy & milk products for human or animal consumption, as applicable, as well as for other perishables, and will comply with all applicable laws and regulations, including maintenance of permits and record keeping requirements. Carrier warrants that the Carrier will inspect or hire a service representative to inspect a vehicle's refrigeration or heating unit at least once each month, will maintain a record of each inspection, and will retain those records for at least one year. Carrier warrants that they will maintain adequate fuel levels for the refrigeration or heating unit and assume full liability for claims and expenses incurred by the Broker or the shipper for failure to do so.

Carrier will inspect all empty equipment before loading to determine whether it is in apparent good condition (sound, roadworthy, clean, odor-free, dry, leakproof and free of contamination or infestation), will reject any equipment that is not in apparent good condition, and will inform Broker of any rejection within 60 minutes. Carrier acknowledges that if Carrier fails to inspect the equipment when it has the opportunity to do so, Carrier assumes liability for damage or loss to product cargo transported in such equipment.

14.11 Shipping Document Execution

Carrier is to be named on the bill of lading as the "carrier of record."

14.12 Indemnification

CARRIER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS BROKER, ITS AFFILIATES AND ITS CUSTOMERS (AS INTENDED THIRD PARTY BENEFICIARIES) FROM ANY AND AGAINST ALL LOSSES ARISING OUT OF OR IN CONNECTION WITH THE TRANSPORTATION SERVICES PROVIDED UNDER THIS CONTRACT, INCLUDING THE LOADING, UNLOADING, HANDLING, TRANSPORTATION, POSSESSION, CUSTODY, USE OR MAINTENANCE OF CARGO OR EQUIPMENT OR PERFORMANCE OF THIS CONTRACT (INCLUDING BREACH HEREOF) BY CARRIER OR ANY CARRIER REPRESENTATIVE. CARRIER'S OBLIGATION TO INDEMNIFY AND DEFEND SHALL NOT BE AFFECTED BY ALLEGED NEGLIGENCE OR WILLFUL MISCONDUCT OF BROKER, ITS AFFILIATES OR CUSTOMERS. "Losses" mean any and all losses, liabilities, obligations, personal injury, bodily injury, property damage, loss or theft of property, damages, penalties, actions, causes of action, claims, suits, demands, costs and expenses of any nature whatsoever, including reasonable attorneys' and paralegals' fees and other costs of defense, investigation and settlement, costs of containment, cleanup and remediation of spills, releases or other environmental contamination and costs of enforcement of indemnity obligations.

14.13 Carrier's Cargo Liability

Carrier assumes full liability for the greater of replacement cost, Shipper's/Consignor's commercial invoice or market value for loss, damage or destruction of any and all goods or property tendered to Carrier by Broker, and for the full course of carriage. Carrier shall inspect each load at the time it is tendered to Carrier to assure its condition. Cargo which has been tendered to Carrier intact and released by Carrier in a damaged condition, or lost or destroyed subsequent to such tender to Carrier, shall be conclusively presumed to have been lost, damaged or destroyed by Carrier unless Carrier can establish otherwise by clear and convincing evidence. Deliveries with broker seals shall be rejected and declared a total loss for which the Carrier is held responsible.

14.14 Governing Law; Consent to Jurisdiction

This Contract will be construed, to the extent not preempted by applicable federal law, under the laws of the State of California, without giving effect to any choice or conflict of law rules. Broker and Carrier waive all right to trial by jury in any action, suit or proceeding brought to enforce or defend any rights or remedies under this Contract. Each of the parties hereby irrevocably and unconditionally submits to the exclusive jurisdiction of any federal or state court sitting in California in any suit, action or proceeding arising out of, connected with, related to, or incidental to the relationship established among them in connection with this Contract.

Carrier shall endeavor to maintain a satisfactory U.S. DOT Safety Rating but under no circumstances is Carrier allowed to provide services under this contract if their safety rating falls to "unsatisfactory."

14.15 Confidentiality and Non-Solicitation

Carrier acknowledges that in carrying out this Contract, it will learn proprietary information about Broker and its business, including its rates, services, personnel, computer systems, Customers, traffic volumes, origins and destinations, commodity types, shipment information and business practices (the "Information"). During this Contract's term and for 12 months after its termination, Carrier will hold the Contract provisions and Information in confidence, restrict disclosure to those Carrier Representatives with a need to know, and not use the Information to Broker's competitive detriment or for any purpose except as contemplated hereby.

During this Contract's term and for 9 months after its termination, Carrier will not directly or indirectly solicit or provide transportation services to any Customer without Broker's prior written consent. If Carrier or any Carrier Representative solicits a Customer in violation of this Section, Carrier shall pay to Broker as a commission 10% of the total charges, with a maximum of US$200 per shipment, for transportation services provided by Carrier to such Customer.

14.16 Savings Clause and Term

If any provision of this Agreement is held to be invalid, the remainder shall remain in force and effect with the offensive term being stricken to the extent necessary to comply with any conflicting law.

This Agreement shall be for the period of one (1) year and shall be automatically renewed unless canceled. Either party may terminate this Agreement upon fifteen (15) days written notice. By using this platform as a Carrier, CARRIER represents that it has the authority and ability to enter into legally binding contracts and that CARRIER agrees to be bound by the terms and conditions of this Agreement effective immediately.

Questions? Contact us at info@aelogisticsmanagement.com.