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.
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 such as those set forth at clearme.com/where-we-are. To use some of our Programs, you may be required to perform additional verification. At a minimum, to enroll you must provide identification documents and your biometrics (e.g., fingerprints, iris, photo). Some of our Programs are free for you to use; however, some of our Programs, including the Airport Service, require you to pay (a “Paid Program”). Please note, while you can enroll on-line and pay for our Airport Service, to use the Airport Service 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 already paid by you.
1.2 Term of Membership and Fees
When you enroll with CLEAR, you will be prompted to enroll for either a free “Basic Membership” or for a monthly-subscription-based “Paid Membership.”So long as you are fully enrolled in either Membership, you may use any Program that does not require payment. You must, however, pay for a Paid Membership in order to use any Paid Programs, including our Airport Service. For Basic 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 Paid 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 signed up 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 over eighteen, 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 Basic 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 update your email in your account, which you can access at my.clearme.com.
If you choose a Paid 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.
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.
4.1 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.
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 AIRPORT SERVICE 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.
6.1 Ownership of Programs and Related Data
As between CLEAR and Members (collectively, “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.
You may elect not to renew your Paid 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 Paid Membership, you will retain your Basic Membership and be able to use any non-paid Programs, unless you terminate your Basic Membership as described in Section 8.3.
8.2 Cancellation of Paid Membership by Member
If you wish to immediately cancel your Paid Membership you must do so in your CLEAR customer account. You may also contact our customer service group, 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 Paid Membership. If you cancel your Paid Membership, you will still be able to use any non-paid Programs unless you terminate your Basic Membership as described in Section 8.3.
8.3 Termination of Basic Membership by Member
You may terminate your Basic Membership and request the removal of your personal information from CLEAR’s databases by emailing your request to firstname.lastname@example.org 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 1.5, 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 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.
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 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.
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.” You agree that any and all disputes or claims that have arisen or may arise between yourself and CLEAR, whether arising out of or relating to these Terms (including any alleged breach thereof), any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you 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 or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
11.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND CLEAR AGREE THAT 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. UNLESS BOTH YOU AND CLEAR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS 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), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
11.3 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 email@example.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 should be sent to CLEAR at 65 East 55th Street, 17th Floor, New York, New York 10022, Attn: Legal (“Arbitration Notice Address”). The Arbitration Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If CLEAR and you do not resolve the claim within sixty (60) calendar days after the Arbitration Notice is received, you or CLEAR may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CLEAR or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CLEAR is entitled.
11.4 Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) 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, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA 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. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, 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. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless CLEAR and Member agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If Member’s claim is for $10,000 or less, CLEAR agrees that Member may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Member’s claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall 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, unless otherwise provided in this Arbitration Agreement. If Member is able to demonstrate to the arbitrator that he or she is economically unable to pay their portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that Member should not be required to pay his or her portion of the Arbitration Fees, CLEAR will pay Member’s portion of such fees. In addition, if Member demonstrates 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. Any payment of attorneys’ fees will be governed by the AAA Rules.
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.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) 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 (b) 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 for public injunctive relief. The remainder of the Terms will continue to apply.
11.8 Future Changes to Arbitration Agreement
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).
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.
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 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.
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
We may provide the option for you to request customer service via text messaging. You agree that by initiating communications with us by text message (including SMS and MMS messages), 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.
Members of the Registered Traveler Program Formerly Operated by Verified Identity Pass, Inc.
CLEAR will offer participation in the Airport Service 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 Airport Service 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.