Welcome to CLEAR Concierge! You may participate in CLEAR Concierge (the “Program”) via our websites, mobile application and/or other related technologies (collectively our “Sites”). By using the Program, you agree to all the terms and conditions set forth here (the “Terms”). If you do not agree to these Terms, please do not use the Program. You may also be subject to any additional terms that may be posted on our Sites, including, our Terms of Use located at clearme.com/terms (collectively the “Additional Terms”). The Additional Terms are hereby incorporated by reference. The Program is made available to you by Secure Identity, LLC and its affiliates.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT AND IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. THE ARBITRATION AGREEMENT REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS AGAINST CLEAR TO BINDING ARBITRATION, AND (1) YOU MAY ONLY PURSUE CLAIMS ON AN INDIVIDUAL BASIS, NOT IN ANY CLASS OR REPRESENTATIVE ACTION, (2) YOU MAY ONLY SEEK RELIEF ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT SEEK RESOLUTION OF ANY CLAIMS BY A JURY OR IN A COURT OF LAW.
1. CLEAR Concierge
1.1 The Program
The Program is a tool provided to enable CLEAR+ Members holding an active, valid subscription to CLEAR+ (“Users”) to access meet and assist services (“Services”) at a participating location. CLEAR DOES NOT GUARANTEE, AND MAKES NO REPRESENTATIONS, REGARDING LINE OR CHECKPOINT THROUGHPUT OR TIMING, AND PARTICIPANTS SHOULD ALLOW AMPLE TIME FOR LINE OR CHECKPOINT PROCESSING. By using the Program and accepting these Terms, you hereby represent that you are legally authorized to accept such Terms for any companion you include in your reservation, to the extent applicable.
1.2 Access to the Program
(a) If you have a current, valid, subscription-based “CLEAR+ Membership” (a "Valid CLEAR+ Membership"), you may access the Program and the Services by paying an additional fee, subject in all respects to these Terms, via scheduling a CLEAR Concierge reservation through the Site(s). If you do not have a Valid CLEAR+ Membership, you will need to register for CLEAR+ to access the Program and the Services. Enrollment in CLEAR’s “free Membership or Services” will not grant you access to the Program or the Services.
(b) Reservations are only valid for the date and time selected during the CLEAR Concierge checkout experience. Reservations will expire if not used on the selected date and time of travel.
1.3 Other CLEAR Services
Please note that use of this Program does not independently entitle Users to utilize CLEAR’s identity platform services, which you can learn more about joining here and are governed by separate Member Terms, which you can find here. All notices from CLEAR to you are considered received and effective when we send them to the email address you provide at the time you enter your information during the CLEAR Concierge checkout experience (“Notice”).
1.4 Reservations
(a) You may schedule a reservation to utilize the Services from us as set out on the Sites. Any reservation scheduled through the Site(s) is an offer by you to purchase a particular Service for the price notified (including any applicable charges and taxes) at the time you schedule your reservation.
(b) You agree that we may place a limit on the number of reservations you can schedule at one time.
(c) We may, at our absolute discretion, accept or reject a reservation (including if we cap the number of Services we sell at a particular time). We will endeavor to notify you of a rejection at the time in which the reservation was scheduled or within a reasonable time thereafter.
(d) Each reservation that we accept results in a separate binding agreement between you and us for the supply of Services in accordance with the Terms.
(e) It is your responsibility to check the reservation details, including selected Services, inclusions and pricing, before you schedule your reservation through the Site(s).
(f) When you schedule and pay on the Site and your payment has been validated, we will provide you with a receipt.
(g) The Services that you order will be valid only for the date of travel selected during the CLEAR Concierge checkout experience. If you do not redeem the Services on this date, any such reservation will expire and you will not be able to access the Services.
1.5 Prices and Payments
(a) You must pay us the purchase price of each Service, which includes any applicable taxes. All amounts are stated in US dollars and are inclusive of any sales, use, excise, value added and other similar taxes (where applicable).
(b) You must pay the Price using one of the methods set out on the Site at the time of your order.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. All payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorized to use the debit card or credit card to make the payment, that your payment will be honored by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
(d) If we offer payment via a third party payment processor, the payment may be subject to the third party payment processor’s terms and conditions.
(e) We may from time to time issue promotional discount codes for certain Services available through the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
1.6 Availability and Cancellation
(a) All purchases made through the Site are subject to availability.
(b) We reserve the right to cancel any reservation, at any time before you have redeemed the Services (i) if the Services scheduled were subject to an error on our Site (for example in relation to a description, price or image) or (ii) if required by an airport or similar authority, an applicable venue or Applicable Law (as defined below). If an error occurs, we will contact you using the details you provided when you scheduled a reservation and we will endeavor to give you the option to receive a refund or a credit to use the Services at another time (if applicable).
(c) If you request us to reschedule your reservation due to an error on your behalf, we may charge you any additional fees incurred in rescheduling your reservation (including chargeback fees or other fees incurred by our third-party payment provider).
1.7 Cancellation
Appointments canceled at least (twelve) 12 hours before the appointment time will be refunded in full to the original form of payment. Appointments canceled less than 12 hours prior to the appointment time will not be refunded unless proof of flight disruption (e.g. airline cancelation) is provided.
To cancel your reservation, please use the cancel link from your confirmation email. If you are not able to cancel your reservation yourself, please contact CLEAR’s Member Care team at clearconcierge@clearme.com.
1.8 Refunds
Refunds are subject to the cancellation policy above, and will be processed automatically for appointments canceled within the cancelation policy. To request a refund for your reservation outside of the cancelation policy, please contact CLEAR’s Member Care team at clearconcierge@clearme.com. All orders are otherwise non-refundable.
2. Representations, Covenants and Warranties of User
2.1 Representations, Covenants and Warranties of User
You represent, covenant and warrant that (1) these Terms have been executed and delivered by you and form a valid and binding agreement, enforceable against you in accordance with their terms; (2) you will not use the Program except as expressly permitted by these Terms and applicable laws, rules and regulations (hereinafter “Applicable Law”); (3) you have not previously been, nor are you currently, prohibited by any governmental entity from taking part in the Program; and (4) all of the information, data and other materials provided by you in support of your use of the Program is accurate and truthful in all respects.
2.2 Disclaimer
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE CLEAR GROUP (AS DEFINED IN SECTION 5.1) MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE PROGRAM.
3. Intellectual Property Rights; Restrictions on Use
3.1 Ownership of Programs and Related Data
As between CLEAR and User (collectively, “Parties”), CLEAR owns all rights, title and interest in and to the Program, including (1) any derivative works; and (2) any intellectual property or other proprietary rights related to the foregoing (collectively, “CLEAR IP”).
Nothing in these Terms grants any license to you or other Users under any CLEAR IP.
3.2 Use of the Program
You may use the Program only on your own behalf and for lawful and appropriate purposes. You shall not use the Program for any commercial purpose other than as expressly permitted herein.
4. Privacy Policy
You can view our Privacy Policy, which applies to the collection, use, disclosure and processing of personal information at, www.clearme.com/privacy-policy. We may update our Privacy Policy from time to time, in our sole discretion. You agree that when we post an updated version of the Privacy Policy at the web address above that shall constitute Notice to you.
5. Liability
5.1 Limitation of Liability
THE LIABILITY TO YOU OF CLEAR OR CLEAR’S AFFILIATES (INCLUDING CLEAR’S HOLDING COMPANY), OR THEIR RESPECTIVE CONTRACTORS OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “CLEAR GROUP”), ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR NON- PERFORMANCE BY THE CLEAR GROUP OF THE PROGRAM AND ITS OBLIGATIONS UNDER THESE TERMS SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES INCURRED BY YOU FOR EACH EVENT THAT IS THE SUBJECT MATTER OF A CLAIM OR CAUSE OF ACTION. IN SUCH AN EVENT, THE AGGREGATE LIABILITY OF THE CLEAR GROUP FOR DIRECT DAMAGES FOR ALL SUCH CLAIMS SHALL NOT EXCEED THE AMOUNT PAID BY MEMBER TO CLEAR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING SUCH CLAIM. THE CLEAR GROUP SHALL NOT, IN ANY EVENT, BE LIABLE FOR DAMAGES THAT CONSTITUTE (1) LOSS OF INTEREST, PROFIT OR REVENUE OF THE CLAIMING PARTY, OR (2) INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR INDIRECT DAMAGES SUFFERED BY THE CLAIMING PARTY, EVEN IF ANY MEMBER OF THE CLEAR GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMERS” AND “LIMITATION OF LIABILITY”, AND THE BELOW SECTION “INDEMNITIES” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
5.2 Remedies
At its option, any member of the CLEAR Group may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms and actions for damages.
6. Indemnities
You agree to indemnify and hold harmless the CLEAR Group on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the members of the CLEAR Group, and shall defend the CLEAR Group against (1) all claims that any information, data or other materials provided to us by you, or use thereof by any member of the CLEAR Group, infringes, misappropriates or otherwise violates any Intellectual Property right of a third party;
(2) all claims arising from fraud committed by, or the intentional misconduct or gross negligence of yourself or any Family Members; and (3) all claims otherwise arising due to a failure to comply or breach by you of these Terms. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
7. Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
7.1 Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” For purposes of this Dispute Resolution by Binding Arbitration section, "CLEAR" refers to the "CLEAR Group" as defined above and "Dispute" refers to any issue or dispute between yourself and us arising out of or relating to these Terms (including any alleged breach thereof), any advertising, or any aspect of the relationship, interactions or transactions. "Dispute" shall be interpreted broadly. You and we agree that any and all Disputes that are not resolved through the informal dispute resolution process set forth below shall be resolved exclusively through final and binding arbitration, rather than a court. Such Disputes shall be resolved in accordance with the terms of this Arbitration Agreement, except that you or we (1) elect to have individual claims heard in small claims court, if the claims qualify and so long as the matter remains in that court and is not removed or appealed to a court of general jurisdiction, (2) bring suit in court to enjoin infringement or other misuse of intellectual property rights, and (3) bring a claim to exercise any and all rights arising from national consumer protection laws, if such laws guarantee a right to do so. Further, this Arbitration Agreement does not preclude you or us from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and CLEAR are each waiving the right to a trial by jury to the fullest extent permitted by law and to bring and participate in a class action (except as to a class settlement). Any Dispute will be resolved by a single neutral arbitrator, except as set forth in Section 7.4. These terms constitute a transaction in interstate commerce and the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this Arbitration Agreement.
7.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT, EXCEPT AS SET OUT IN SECTION 7.7 BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING IN LITIGATION OR ARBITRATION. UNLESS BOTH YOU AND CLEAR AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS (EXCEPT AS SET OUT IN SECTION 7.7 BELOW) AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). IF A COURT DETERMINES THAT A CLAIM OR REQUEST FOR RELIEF (SUCH AS A “PUBLIC INJUNCTION”) MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR IT IS OTHERWISE FINAL), THEN YOU AND WE AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF.
7.3 Mandatory Pre-Arbitration Dispute Resolution
CLEAR is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at, memberservices@clearme.com.
If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Arbitration Notice”). The Arbitration Notice to CLEAR must be sent to CLEAR at 85 10th Avenue, 9th Floor, New York, New York 10011, Attn: Legal (“Arbitration Notice Address”) and be personally signed by you (and your counsel if you are represented). The Arbitration Notice to you will be sent to the information we have on file for you and be personally signed by a CLEAR representative (and our counsel if we are represented). The Arbitration Notice must include all of the following information: (1) a detailed description of the nature and basis of the Dispute, the claims, and the relief sought, with a calculation for it and (2) the party’s name, contact information, and information sufficient for the parties to identify any relevant account.
You and we agree to engage in good faith discussions for sixty (60) days after receipt of a fully completed Arbitration Notice. As part of this process, if the party receiving the Arbitration Notice requests it, you and we agree to personally participate in an individualized telephone settlement conference (if you and we are represented, counsel may also participate).
If the Dispute is not resolved within sixty (60) days after receipt of the Arbitration Notice (or a longer period if the parties agree to it), you or CLEAR may then proceed with arbitration. This process is a condition precedent to initiating arbitration. If the sufficiency of an Arbitration Notice or compliance with this process is at issue, it may be decided by a court at either party’s election, and any proceeding will be stayed pending resolution of that issue. A court shall have authority to enforce this provision, which includes the power to enjoin the filing or prosecution of a demand for arbitration. A party may also seek relief for non-compliance in arbitration.
Any applicable statute of limitations shall be tolled while the parties engage in this process.
7.4 Arbitration Procedures
If the parties are unable to resolve the Dispute through the mandatory informal dispute resolution process set forth above, either party may initiate an arbitration proceeding by sending an arbitration demand to the American Arbitration Association’s (“AAA”) (or if CLEAR elects, to JAMS, as set forth below).
Arbitration will be conducted by a single neutral arbitrator in accordance with the AAA applicable rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, including the AAA Rules, please visit www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Arbitration Agreement, the parties will work together in good faith to agree on an administrator that will do so. If the parties cannot agree, they will jointly petition a court to appoint an administrator that will do so. CLEAR may also choose to conduct the arbitration before a three-Member panel of neutral arbitrators with CLEAR bearing all costs of arbitration and in accordance with the JAMS Comprehensive Arbitration Rules & Procedures (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS, including the JAMS Rules, please visit its website, www.jamsadr.com.
If there is any inconsistency between any term of the AAA Rules or JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. Except as otherwise provided herein, all issues are for the arbitrator to decide, including issues relating to scope, enforceability, and arbitrability. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law.
If you initiate arbitration, your arbitration demand must be personally signed by you (and your counsel if you are represented) and sent CLEAR at 85 10th Avenue, 9th Floor, New York, New York 10011, Attn: General Counsel. If CLEAR initiates arbitration, the arbitration demand will be personally signed by a CLEAR representative (and counsel if we are represented). We will send the arbitration demand to the contact information we have on file for you. By signing the arbitration demand, you and your counsel (or CLEAR and our counsel) certify to the best of your and their (or our and their) information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of arbitration; (2) the claims and legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is authorized to award or impose any relief or sanctions available under Federal Rule of Civil Procedure 11 against all appropriate, represented parties and counsel.
If there is a case management conference, you and we agree to personally participate (with counsel if represented). Unless the parties agree otherwise, any arbitration hearings will take place in a reasonably convenient location for you. If the parties are unable to agree on a location, AAA or JAMS will select one. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted on the basis of documents, through a telephone or video hearing, or by an in-person hearing. Each party retains the right to request a hearing from the arbitrator. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules or JAMS Rules. You agree to personally appear at any hearing (along with your counsel if you are represented). CLEAR agrees to have a representative appear at any hearing (along with counsel if we are represented). The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
7.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA rules or JAMS rules, unless otherwise provided in this Arbitration Agreement. Upon a sufficient showing of economic hardship and compliance with the Arbitration Agreement, CLEAR will reimburse your portion of the Arbitration Fees, unless the arbitrator determines that the claim or proceeding was frivolous or brought for an improper purpose or in bad faith as measured by the standards in Federal Rule of Civil Procedure 11(b). In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, CLEAR will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith as measured by the standards in Federal Rule of Civil Procedure 11(b). The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of the award.
7.6 Confidentiality
To the fullest extent permitted by law, all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties, unless the parties otherwise agree. In any event, an arbitrator's ruling shall have no preclusive effect in any proceeding involving a different party.
7.7 Additional Procedures for Multiple Case Filings
If 25 or more similar claims are asserted against CLEAR by the same or coordinated counsel or are otherwise coordinated, you understand and agree that these additional procedures apply and the resolution of your Dispute might be delayed. Counsel for the claimants and counsel for CLEAR shall each designate or elect to randomly select 25 cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. Each of these 50 cases shall be assigned to a different arbitrator. If fewer than 50 claims are asserted, then they each may proceed. The remaining claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed until they are selected to proceed to individual arbitration proceedings as part of a staged process.
The arbitrators are encouraged to resolve the cases within 120 days of appointment or as quickly as possible, consistent with fairness to the parties. After the first set of bellwether proceedings is completed, the parties must engage in a single mediation of all remaining claims, and CLEAR will pay the mediation fee. If the parties cannot agree how to resolve the remaining claims after mediation, they will repeat the process of selecting and filing 50 cases to be resolved individually in a set of bellwether proceedings by different arbitrators, followed by mandatory mediation and CLEAR will pay the mediation fee. While this staged process continues, the remaining claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed until they are selected to proceed.
If any claims remain after the second set of bellwether proceedings, this process set forth above will be repeated until all claims are resolved through subsequent, staged sets of proceedings (which can be modified by agreement of the parties), with four differences: (1) a total of 100 cases may be filed in the third and later stages (which can be increased by agreement of the parties); (2) the cases will be randomly selected or chosen by the administrator; (3) arbitrators who presided over cases in the first two sets of proceedings may be appointed in later stages if different arbitrators are not available; and (4) mediation is optional at the election of counsel for the claimants. While this staged process continues, the remaining claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed until they are selected to proceed.
Between sets of staged proceedings, the parties are encouraged to meet and confer to discuss resolving or mediating the remaining claims or modifying this process to ensure that arbitration remains efficient and cost-effective. Either party may also negotiate with the AAA regarding the amount or timing of fees.
The statute of limitations and any filing fee deadlines shall be tolled for claims subject to these additional procedures from the time the first cases are selected for a bellwether process until the time your claim is selected to proceed in arbitration, is withdrawn, or is otherwise resolved. A court shall have the authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against CLEAR.
If, after exhaustion of all appeals, a court decides that the staging process is unenforceable, then the claims may be filed in arbitration and the payment of arbitration fees will be assessed as the cases advance and arbitrators are appointed instead of when the arbitrations are initiated.
7.8 Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection 7.2 titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection 7.2 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims or requests for public injunctive relief. The remainder of the Terms will continue to apply.
7.9 Survival and Future Changes to Arbitration Agreement
As referenced above, this Arbitration Agreement shall survive any termination or cancellation of, or your Membership and your relationship with, CLEAR. Any amendments to this dispute resolution provision shall not affect any then active or pending arbitration proceeding. Notwithstanding any provision in these Terms to the contrary, CLEAR agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Arbitration Notice Address) while you are a Member, you may reject any such change by sending CLEAR written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
8. General
8.1 Entire Agreement, Amendments and Modifications
These Terms and the Additional Terms constitute the entire agreement of the Parties with regard to the Programs and all matters addressed herein, and all prior agreements, letters, proposals, discussions and other documents regarding the Programs and the matters herein are superseded and merged into these Terms. In the event of any conflict between these Terms and any Additional Terms, these Terms control.
8.2 Force Majeure
CLEAR will be excused from performance under these Terms for any period we are prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section 8.2, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labor strikes; (5) laws or regulation that change the nature of a Program or Programs or (6) other causes beyond the reasonable control of CLEAR.
8.3 Severability
If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired, and such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible in accordance with applicable law.
8.4 Governing Law
These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and CLEAR agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York.
8.5 Assignment
You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without our prior written consent, which we may withhold in our sole discretion. Any attempted assignment by you that does not comply with the terms of this
Section 8.5 shall be null and void. CLEAR may assign these Terms, in whole or in part, to any third party in its sole discretion.
8.6 SMS and Text Messaging
By accepting these Member Terms, you acknowledge and agree to receive text messages (including SMS and MMS messages) regarding your use of the Program, as well as announcements regarding CLEAR policies, programs and promotions. You can opt out of receiving text messages from CLEAR by contacting privacy@clearme.com at any time, or by texting "STOP" in response to a text message from CLEAR. After you send the message "STOP" to us, we will send you a text message to confirm that you have been unsubscribed from CLEAR text messages. If you are experiencing issues with the messaging system, you can reply to one of our text messages with the keyword HELP for assistance, or email privacy@clearme.com. Message frequency varies. Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider. CLEAR is not liable for delayed or undelivered messages.
We may also provide the option for you to request customer service via text messaging. You agree that by initiating communications with us by text message, you consent to and authorize us to provide service to you and/or to respond to your communications by text messaging you, including by using an automatic telephone dialing system.
8.7 Language (applicable in Canada)
It is the express wish of the parties that these Terms and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigé en anglais.
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