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.
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.
You acknowledge that you are responsible for any code, content, information, data, videos, graphics, messages or other materials 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.
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.
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).
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.
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.
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.
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.
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.
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.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
a. Agreement to Arbitrate
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 [email protected] 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
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.
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.
h. Future Changes to Arbitration Agreement
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.
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.