PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE ARBITRATION AGREEMENT REQUIRES (WITH LIMITED EXCEPTION) THAT DISPUTES BETWEEN US BE RESOLVED IN BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
1. Enrollment and Terms of Membership
To use any of our Programs, you must enroll to become a “Member” of CLEAR. You may enroll either via the Sites or in-person at a CLEAR enrollment location. To use some of our Programs, you may be required to perform additional verification or provide additional information (such as, for example, linking your CLEAR account to your account with one of our partners. Some of our Programs are free for you to use; however, some of our Programs, including the CLEAR Plus airport service, require you to pay us (a “Paid Program”). Please note, while you can enroll on-line and pay for CLEAR Plus, to use CLEAR Plus requires additional verification in person at one of our locations. If for any reason your application is not approved by CLEAR, we will refund any Charges (as defined herein) already paid by you.
1.2 Term of Membership and Fees
You can enroll in CLEAR as either a “Free Membership” or a subscription-based “CLEAR Plus Membership.” So long as you have provided all required information and consents, and are fully enrolled in either the Free Membership or the CLEAR Plus Membership, you may use any Program that does not require payment. You must, however, pay for a CLEAR Plus Membership in order to use any Paid Programs, including our CLEAR Plus service. For Free Memberships, the term begins the day you complete enrollment and continues unless and until you or we terminate it as set forth in Section 8. For CLEAR Plus Memberships, there will be a specific “Initial Term” that impacts how and when we charge you fees (the “Initial Term”). The Initial Term begins when you sign up for a Paid Program and provide payment information (regardless of whether you have fully completed your enrollment verification process at such point in time) and will continue for the period specified when you sign up, unless earlier canceled or terminated in accordance with Section 8. The Initial Term automatically renews for a new period as specified when you enroll and will continue to renew in the future, unless you give us a notice of non-renewal in accordance with Section 8 (the Initial Term and any renewal terms are collectively referred to as the “Term”).
1.3 Family Plan
You may choose to participate in a CLEAR Family Plan, which lets family members use a Paid Program for a discounted price, as set forth in any applicable offer. A CLEAR Family Plan is available to you and a set number of your family members (as determined by CLEAR) who are eighteen or over, reside with you and complete an enrollment (each, a “Family Member”). The Member who adds their family is considered the “Primary Member” and controls renewals and cancellations for all Family Members. However, any Family Member may update the group’s payment information. If the Primary Member terminates payment, the Family Plan will be cancelled and your Family Members will no longer be able to use the Paid Program. Family Members will, however, continue to be Members with a Free Membership and can utilize CLEAR’s other, non-paying Programs. Family Plan fees will be prorated for a Term if a Primary Member elects to participate in the CLEAR Family Plan during that Term. A Family Member no longer qualifies for a CLEAR Family Plan if they no longer reside at the same address as the Primary Member and will thereafter need to pay as an individual Member to use a Paid Program.
1.4 Corporate Rate Plans
You may receive a discounted rate via a corporate rate plan as long as you are employed by an organization that we offer such a plan with. You must notify us if you leave such employment and you will be responsible for any pro-rata difference between the discounted plan and the normal Member rate for any period remaining in a Term and the full rate thereafter. Leaving a corporate rate plan does not in any way limit your ability to use non-paid Programs.
All notices from CLEAR to you are considered received and effective when we send them to the email address you gave us when you enrolled or later updated or as otherwise set forth herein (“Notice”). If you change your email, you must notify us by emailing firstname.lastname@example.org or calling 1-855-CLEARME (253-2763).
2. Charges & Payment
If you choose a CLEAR Plus Membership, you agree to pay the fees set forth when you sign up (including fees applicable to Family Members) and in these Terms (collectively, “Charges”). You agree that we may increase the Charges for any renewal Term after providing you Notice. You authorize us to bill Charges to your credit or debit card, or agree to pay by another payment method approved by us, as specified during your enrollment process. We may suspend or terminate access to any Paid Program if there are insufficient funds in your credit or debit card account (or other approved payment method) to pay the Charges. You agree to pay the cost of any returned check or other fees charged to us as a result of your insufficient funds.
3. Modifications to Programs
You agree that we may modify any Program, including any applicable Charges, and these Terms at any time and in any manner. We may also add and delete Programs at our sole discretion. You may not amend or modify these Terms under any circumstances.
4. Representations, Covenants and Warranties of Member
4.1 Representations, Covenants and Warranties of Member
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 Programs 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 local, state, federal or foreign agency from taking part in the Programs; and (4) all of the information, data and other materials provided by you in support of your enrollment and use of the Programs is accurate and truthful in all respects. To the extent that any information you provide in support of your enrollment and use of the Program changes, you agree to immediately notify CLEAR.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE CLEAR GROUP (AS DEFINED IN SECTION 9.1) MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING (1) THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE PROGRAM, OR ANY SERVICE, SOFTWARE, HARDWARE, DELIVERABLES, WORK PRODUCT OR OTHER MATERIALS RELATED TO THE PROGRAM; OR (2) WHETHER ANY AIRPORT AUTHORITY WILL ACCEPT OR OTHERWISE HONOR THE CLEAR PLUS OR WHETHER ANY OTHER VENUE WILL ACCEPT OR OTHERWISE HONOR ANY OTHER PROGRAM.
CLEAR may use any third party (including our affiliates) to perform or support all or any portion of any Program.
6. Intellectual Property Rights; Restrictions on Use
6.1 Ownership of Programs and Related Data
As between CLEAR and Members (each, a "Party" and collectively, the “Parties”), CLEAR owns all rights, title and interest in and to the Programs, 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 Members under any CLEAR IP.
6.2 Use of the Programs
You may use Programs only on your own behalf and for lawful and appropriate purposes. You shall not use the Programs for any commercial purpose other than as expressly permitted herein. You agree to notify us immediately of (1) any unauthorized use of the Programs by yourself or a third party; (2) a Change in Family Status; or (3) a Change in Employment Status.
8.1 Plus Membership Non-Renewal
You may elect not to renew your Plus Membership (1) in your CLEAR customer account, which you can log into or register for at www.clearme.com, (2) by telling us via email to email@example.com, so long as you use the current email for your account, or (3) by contacting CLEAR’s customer service group at 1-855-CLEARME (253-2763) or through our chat function. You must inform us that you do not want to renew before the end of your then-current Term or you will be charged. Upon non-renewal of a Plus Membership, you will retain your Free Membership and be able to use any non-paid Programs, unless you terminate your Free Membership as described in Section 8.3.
8.2 Cancellation of Plus Membership by Member
If you wish to immediately cancel your Plus Membership you must do so in your CLEAR customer account, which you can register for or access at www.clearme.com. You may also contact our customer service group at firstname.lastname@example.org or 1-855-CLEARME (253-2763), but it may take a day or two to process. If you cancel, we will refund your Charges on a pro rata basis, based on the remainder of the then-current Term, subject to a $30 cancellation fee; however, Family Members who cancel the Family Plan in connection with a Change in Family Status will not be subject to the $30 cancellation fee. We may modify the cancellation fee without notice other than updating these Terms. Please note that if you cancel, any promotional terms will be voided if you later renew your Plus Membership. If you cancel your Plus Membership, you will still be able to use any non-paid Programs unless you terminate your Free Membership as described in Section 8.3.
8.3 Termination of Free Membership by Member including CLEAR Health Pass
You may terminate your Free Membership and request the removal of your personal information from CLEAR’s databases by emailing your request to email@example.com or by contacting CLEAR’s customer service group at 1-855-CLEARME (253-2763) or through our chat function.
8.4 Cancellation or Termination by CLEAR
CLEAR may cancel or terminate a Member’s Membership or participation in any or all Programs as follows:
(a) For Cause. Immediately (1) in order to comply with Applicable Law or instructions from any governmental agency or authority; (2) if we suspect a Member is using a Program fraudulently, or in any manner not permitted by these Terms; (3) if we suspect a Member or any third party is using credentials issued to a Member in a manner not permitted by these Terms; or (4) upon any breach of these Terms by a Member. You will not be entitled to a refund of your Charges, if any, in such an event. Determinations will be made on a case by case basis at our sole discretion.
(b) For Convenience upon Notice by CLEAR to you. In the event we cancel or terminate for convenience, we will refund your Charges on a pro rata basis, based on the remainder of the then-current term, if applicable.
8.5 Effect of Termination/Survival of Selected Provisions
Notwithstanding the termination of your membership in the Program, the following sections of the Terms shall survive any such termination: Sections 1.6, 2 (to the extent any fees remain due and payable), 4.2, 6 and 8–12 (inclusive). Upon the termination of your membership, all rights and obligations of the Parties under these Terms shall expire, except those specifically designated in this Section 8.5.
9.1 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 GREATER OF (1) THE AMOUNT PAID BY MEMBER TO CLEAR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING SUCH CLAIM AND (2) $100. 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.
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.
You agree to indemnify and hold harmless the CLEAR Group, 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.
11. Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
11.1 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 may (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 and (2) bring suit in court to enjoin infringement or other misuse of intellectual property rights. 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 11.4. These Terms constitute a transaction in interstate commerce and the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement.
11.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT, EXCEPT AS SET OUT IN SECTION 11.7 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 11.7 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.
11.3 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 firstname.lastname@example.org.
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.
11.4 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.
11.5 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.
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.
11.7 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.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection 11.2 titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is in valid 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 decides that any of the provisions of subsection 11.2 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.
11.9 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 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).
You shall be responsible for federal, state, local and foreign taxes imposed on any consideration for any provision of services (including, without limitation, the Programs) or transfer of property by CLEAR to you.
12.2 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.
12.3 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 12.3, “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.
Except as otherwise provided herein, 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.
12.5 Governing Law
These Terms will be governed by the FAA and 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 or small claims court, 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.
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 12.6 shall be null and void. CLEAR may assign these Terms, in whole or in part, to any third party in its sole discretion.
12.7 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 CLEAR, as well as announcements regarding CLEAR policies, programs and promotions.
You can opt out of receiving text messages from CLEAR by contacting email@example.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 firstname.lastname@example.org. 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.
12.8 Language (applicable in Canada)
It is the express wish of the parties that these Term 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.
13. CLEAR Health Pass
You may choose to participate in CLEAR Health Pass, which enables members to use and share their health data or information derived from this data to facilitate access to locations that use the CLEAR Health Pass for this purpose. The CLEAR Health Pass is powered by your health information, which we may receive from you directly or from third parties (such as health care providers or labs) that you authorize to provide us with this information on your behalf.
If you choose to utilize CLEAR Health Pass, you understand that any decisions made by a third party related to your use of CLEAR Health Pass — such as to allow, or not allow, you access to avenue — are made by the third party and not by CLEAR. CLEAR bears no and disclaims all responsibility for such third-party decisions and any consequences they may have.
CLEAR Health Pass is a tool used by certain of our partners to help them make access determinations to certain areas or venues. CLEAR does not guarantee, and makes no representations, regarding the accuracy of anyone else’s use of CLEAR Heath Pass and CLEAR does not guarantee that you are safe from infection or any other medical condition by using CLEAR Health Pass or visiting a place or area that uses CLEAR Health Pass.
Neither your interactions with CLEAR and/or CLEAR Health Pass, nor results or other information made available to you through CLEAR Health Pass, are intended to be a substitute for advice, diagnosis, or treatment from a physician or other health care professional. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read or received on or through the Sites. Neither CLEAR nor its personnel are licensed health care professionals.
14. Members of the Registered Traveler Program Formerly Operated by Verified Identity Pass, Inc.
CLEAR will offer participation in the CLEAR Plus at no cost to Members who previously were enrolled in the Registered Traveler Program operated by Verified Identity Pass, Inc. for the term remaining on such Members’ membership as of June 22, 2009 (“Remaining Term”). The Remaining Term will commence on the earlier of (1) the date on which CLEAR begins to offer the CLEAR Plus at the Member’s home airport, as determined by CLEAR in its sole discretion, or (2) the date on which the Member uses a CLEAR lane. Members are required to provide to CLEAR their credit or debit card information, or other payment method, as appropriate, along with updated contact information, as a condition of commencing the Remaining Term; however, CLEAR will not bill Member until the Remaining Term expires. Upon expiration of the Remaining Term, CLEAR will bill Member for a new Term at the full Member rate by initiating Charges on Member’s credit or debit card or accepting another payment method. CLEAR will automatically renew Member’s membership in the Program in accordance with Section 1.2 of these Terms.
15. E-sign Consent
PLEASE READ THIS SECTION CAREFULLY.
15.1 Scope of Consent
By electronically indicating your acceptance of these Membership Terms, you voluntarily consent to receive and sign electronically documents presented to you online for signature relating to your membership with CLEAR, including, but not limited to, notices, disclosures, authorizations, acknowledgements, and delivery receipts related to any of CLEAR’s products, including CLEAR Health Pass (collectively “Records”) during your membership with CLEAR. You may withdraw your consent at any time.
15.2 How to Withdraw Your Consent
To withdraw your consent, you must contact CLEAR Customer Support. However, by withdrawing your consent you may not be able to use certain CLEAR services that require an e-signature. To withdraw your consent, you should state that you choose to withdraw your consent and do not wish to sign Records electronically. Once we have received your notification, your request to withdraw consent will be effective as soon as reasonably possible. There are no fees associated with the withdrawal of your consent. Withdrawing your consent to e-sign does not revoke prior e-signatures.
15.3 Paper Copies
Please contact CLEAR Customer Support to obtain paper copies of Records. We do not otherwise provide paper copies of Records unless required by law.
15.4 Hardware and Software Requirements
Access to the Records in electronic form for signature is through CLEAR pods and our mobile application, which is available for the compatible iOS and Android smart phones identified in our app store listing. You may need to download and use the most recent version of the application and such updates may not be supported on all devices.
16. Consent and Written Release for Collection, Use, Disclosure and Storage of Biometric Information and Identifiers
Effective Date: November 2, 2022