These Sites (as defined below) are owned and operated by Secure Identity, LLC (“CLEAR”), the company that operates the CLEAR program. CLEAR and its subsidiaries and affiliates (“CLEAR,” “we,” “our,” or “us”) provide services that allow you to be positively identified via your biometrics, make purchases through your biometrics and facilitate your use of third party services and also own and operate certain websites (including clearme.com), technology platforms, and other related online and mobile services (including, without limitation, our Mobile and Check-in with CLEAR, Applications, as defined below) that reference these Terms of Use (collectively, the foregoing described services, websites and other technology, the “Sites”).
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.
We offer our Sites, including all information, tools and services available from them, to you, the user, conditioned upon your acceptance of all of these Terms of Use. Your continued use of our Sites constitutes your agreement to these Terms of Use and governs your access and use of our Sites. What does that mean? It means that by accessing and/or using our Sites or by clicking a button or checking a box marked “I Agree” (or something similar), you agree to all the terms and conditions of these Terms of Use. As used in these Terms of Use, “you” means any visitor, user, or other person who accesses our Sites, whether or not such person has enrolled in a CLEAR program. Unless otherwise agreed by CLEAR in a separate written agreement with you, the Sites are made available solely for your personal, non-commercial use. If you do not agree to these Terms of Use, do not use the Sites.
Use of Materials on the Site
All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by CLEAR, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Unless indicated to the contrary, you may access, copy, download and print the materials contained on the Sites for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you access, copy, download or print. Any other use of content on the Sites, including but not limited to (1) the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from any Site, or (2) use of such items for purposes competitive to CLEAR, for any commercial purposes or otherwise in connection with offering any third party products or services not authorized or approved by CLEAR, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Sites as they may be updated from time to time. CLEAR reserves the right to refuse or cancel any person’s registration for the Sites, if any, remove any person from this site and prohibit any person from using the Sites for any reason whatsoever. CLEAR, or its licensors or content providers, retain full and complete title to the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), and all associated intellectual property rights. CLEAR neither warrants nor represents that your use of the Sites will not infringe rights of third parties not affiliated with CLEAR.
You may not use contact information provided on the Sites for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites. You agree not to interrupt or attempt to interrupt the operation of the Sites in any way. CLEAR reserves the right, in its sole discretion, to limit or terminate your access to or use of the Sites at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which CLEAR may be entitled, at law or in equity.
Materials You Submit
All personal information we collect through or in connection with the Sites is subject to our Privacy Policy located at www.clearme.com/privacy-policy (the “Privacy Policy”). By submitting, uploading, publishing, displaying or otherwise providing your personal information to CLEAR, through any Sites or otherwise, you consent to all actions taken by us with respect to your personal information in compliance with the Privacy Policy.
The rest of this ‘Materials You Submit’ section pertains to any other code, content, information, data, videos, graphics, messages or other materials that you may submit, upload, publish or display via the Sites (“Your Content”), including the legality, reliability, appropriateness, originality and copyright of any such materials. You may not upload to the Sites, or otherwise use, any of Your Content that: (1) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity; rights, infringing on intellectual property rights, abusive, illegal, promotes illegal activity or unlawful violence, sexually explicit, indecently depicts a minor, or otherwise objectionable or discriminatory based on race, gender, color, religious belief, sexual orientation or disability; (2) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (3) may contain software viruses, malware, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any of Your Content. You may not generate transactions that are intended not to complete or attempt to spoof any part of the Sites. You may not upload commercial content onto the Sites.
Unless we indicate otherwise, you hereby grant CLEAR and its affiliates an unrestricted, nonexclusive, royalty-free, fully paid up, perpetual, irrevocable and fully sublicensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display Your Content in connection with (a) making available the Sites (and features thereof) to you, (b) CLEAR’s internal business purposes and (b) creating, disclosing and otherwise using for any purposes aggregated and/or anonymized data.
In addition to the foregoing, you acknowledge and agree that any ideas, feedback, comments or concepts about the Sites or otherwise about CLEAR’s business that you provide to CLEAR (“submissions”) are non-confidential and CLEAR is entitled to the unrestricted use and dissemination of such submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You represent and warrant that you own or otherwise control all the rights to Your Content; that Your Content is accurate; that use of Your Content by CLEAR does not violate any provision herein and will not cause injury to any person or entity.
Conduct on the Site
Some features that may be available on the Sites may require registration. By registering at, and in consideration of your use of, the Sites you agree to provide true, accurate, current and complete information about yourself. If you are under 18 years of age, you are not authorized to use the Sites, with or without registering.
Some features on the Sites may require you to establish or use a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify CLEAR immediately. CLEAR may assume that any communications CLEAR receives under your password have been made by you unless CLEAR receives notice otherwise. CLEAR will not be liable for any loss or damage arising from your failure to comply with this Section or otherwise arising from activities conducted under your password.
You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without CLEAR’s express written consent. Further, you may not utilize any Sites content in any meta tags or any other “hidden text” techniques or technologies without CLEAR’s express written consent. You will not scrape any data or other content from the Sites and will not otherwise engage in any data mining, robots or similar data gathering or extraction methods. If you are blocked by CLEAR from accessing the Sites (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
Communications
CLEAR may provide Members with the option to communicate with the CLEAR Member Services team via telephone, SMS, or MMS messages. By voluntarily providing your mobile phone number to CLEAR and submitting a customer service inquiry, you agree that CLEAR may contact you by telephone, SMS, or MMS messages at that phone number, and you hereby consent to receiving such communications for transactional and informational purposes in response to customer service inquiries. You understand that such messages may be sent using an automatic telephone dialing system. You are responsible for any fees that your phone service provider charges for SMS, data services, etc.
Links
The Sites may contain links to other websites that are operated by third parties not affiliated with CLEAR. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. CLEAR is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on the Sites are registered and unregistered trademarks of CLEAR, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. CLEAR reserves all rights not expressly granted in and to the Sites and its content. The Sites and all of their content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Disclaimers
YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. CLEAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. CLEAR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
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 AND CONDITIONS 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.
Indemnification and Release
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.
Additional Terms for Mobile Applications
We may make available software to access CLEAR’s websites, technology platforms, and related online and mobile services via a mobile device (“Mobile Applications”). To use any Mobile Application, you must use a mobile device that is compatible with that Mobile Application. CLEAR does not warrant that any Mobile Application will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Subject to the terms and conditions set forth herein, CLEAR hereby grants you a non-exclusive, non-transferable, revocable, limited license to install and use a compiled code copy of the Mobile Applications for one account on a mobile device owned or leased solely by you, for your personal use (and not for any service bureau, rental or other customer-facing purpose). In the event you change or deactivate your mobile telephone number, you agree to promptly update your CLEAR account information to ensure that your messages are not sent to the person that acquires your old number. You acknowledge that CLEAR may from time to time issue upgraded versions of the Mobile Applications and may automatically electronically upgrade the version of any Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree to timely upgrade the Mobile Application in the event there is no automatic update. You further agree that these Terms of Use will apply to all upgrades to the Mobile Applications. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and CLEAR or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof), including all related intellectual property rights. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms of Use, is void. CLEAR reserves all rights not expressly granted under these Terms of Use with respect to the Mobile Applications and otherwise.
You may not (i) use any components of any Mobile Application separate and apart from the Mobile Application, (ii) use any Mobile Application to provide public services like SaaS, cloud services, or business process outsourcing, (iii) copy, sell, or distribute any documentation provided with or relating to the Mobile Application, (iv) copy, sell, rent or lease any component of any Mobile Application or (v) reverse engineer, disassemble, decompile, or translate the Mobile Application or otherwise attempt to derive the source code of the Mobile Application or any portion thereof.
Certain Mobile Applications may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Use are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Sites, you agree to comply with all applicable terms of any agreement for such third-party products and services. The following terms and conditions apply to any Mobile Application you acquire from the Apple App Store (“Apple-Sourced Software”): You and CLEAR acknowledge and agree that these Terms of Use are concluded between you and CLEAR, and not with Apple, Inc. (“Apple”), and that, as between CLEAR and Apple, CLEAR, and not Apple, is solely responsible for the Apple-Sourced Software and the content thereof. You may not use the Apple-Sourced Software in any manner that is in violation of or inconsistent with the usage rules set forth for Apple-Sourced Software in, or otherwise be in conflict with, the App Store Terms of Service. Your license to use the Apple-Sourced Software is limited to a non-transferable license to use the Apple-Sourced Software on an iOS Product that you own or control, as permitted by the usage rules set forth in the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price for the Apple-Sourced Software (if any); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be CLEAR’s sole responsibility, to the extent it cannot be disclaimed under applicable law. You and CLEAR acknowledge that CLEAR, and not Apple, is not responsible for addressing any of your claims or those of any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Use and any law applicable to CLEAR as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, as between CLEAR and Apple, CLEAR, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You will comply with applicable third-party terms of agreement when using the Apple-Sourced Software. You and CLEAR acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary hereof.
Additional Terms for Check-in with CLEAR
We make available a QR scanner, accessible through our Sites, that allows you to scan and validate CLEAR Health Passes, SMART® Health Cards, certain other digital vaccine cards and other information we may allow it to scan over time (“Check-in with CLEAR”). By using Check-in with CLEAR you agree (i) to only use Check-in with CLEAR in association with validating someone’s vaccine or health status for a valid purpose under applicable law, (ii) to not use Check-in with CLEAR for any commercial purpose (other than as allowable to validate someone’s vaccine or health status; e.g., for access to a venue in accordance with applicable law); and (iii) to not store or retain any individual’s personal information (including, but not limited to their vaccine or health status) acquired or learned from Check-in with CLEAR for any reason.
While Check-in with CLEAR can be used as a tool to assist in making lawful venue access determinations, CLEAR cannot and does not guarantee, or make any representations regarding, the vaccine or health status of any individual. Any information on a scanned QR code includes information provided by individuals and/or third-party data sources, and CLEAR cannot and does not guarantee that such data are accurate. Source data may also be reported or entered inaccurately or processed incorrectly. Even if such data are accurate, you acknowledge and agree that no single tool can fully mitigate health or epidemiological risk and it is your responsibility to utilize best practices in making any access decisions or in taking precautions to try to mitigate health risk.
Check-in with CLEAR is provided “as is” and the representations and warranties set forth in these terms are the exclusive warranties from CLEAR. In addition to all other disclaimers set forth in these terms, and except as expressly set forth herein, CLEAR makes no, and hereby disclaims all, other representations and warranties of any kind, whether express, implied, statutory, or otherwise, including, but not limited to any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, or from a course of dealing, course of performance, or usage in trade. CLEAR does not warrant, and specifically disclaims, that the Services will be accurate, without interruption, secure, or error-free.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and CLEAR, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Sites, 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 this Terms of Use, 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.
b. 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.
c. 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 (“Notice”). The Notice to CLEAR should be sent to CLEAR at 65 East 55th Street, 17th Floor, New York, New York 10022, Attn: Legal (“Notice Address”). The 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 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.
d. 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 of Use 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 of Use 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 you 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 your claim is for $10,000 or less, CLEAR agrees that you 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 your 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.
e. 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 you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, CLEAR will pay your portion of such fees. 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. Any payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality
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.
g. Severability
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 of Use will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Use to the contrary, CLEAR agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Sites, you may reject any such change by sending CLEAR written notice within thirty (30) calendar days of the change to the 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 of Use (or accepted any subsequent changes to these Terms of Use).
Geography Limitations; Export; Government Restrictions
CLEAR’s Sites are based in the United States and provide for access and use only by persons located in the United States. You acknowledge that you may not be able to access the Sites or certain portions thereof outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Sites or services from outside the United States, you are responsible for compliance with local laws. Software available in connection with the Sites and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Sites or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Sites, including as it concerns online conduct and acceptable content.
The Sites (to the extent constituting software) are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to any such Site as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Changes to These Terms of Use
CLEAR reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on this site or the Sites. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Sites after any changes to the Terms of Use means you accept the changes.
In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this website and the revised terms will take effect thirty days after their publication on the Sites.
General
These Terms of Use and any policies or operating rules posted on the Sites constitute the entire agreement and understanding between you and CLEAR with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. You may not assign these Terms of Use through operation of law or otherwise. These Terms of Use 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. The failure of CLEAR to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us as set forth below.
How to Contact Us
If you have any questions or comments about these Terms of Use or the Sites, please contact us by:
Customer Service
65 East 55th Street, 17th Floor
New York, New York 10022
Phone: 855-253-2763
Email: memberservices@clearme.com