www.clearme.com Open in urlscan Pro
2606:4700:4400::ac40:9432  Public Scan

Submitted URL: http://click.e-response.americanexpress.com/?qs=cbc5f4a9a19af9b9d4674e574ef2191208d25685a824b9e0090df86414281a84cca3f6b00a36bff04964bf464c2e...
Effective URL: https://www.clearme.com/terms
Submission: On May 30 via api from US — Scanned from DE

Form analysis 3 forms found in the DOM

/search

<form action="/search" class="search-flex nav-search-flex w-form"><label for="search-3" class="hide">Search</label><input type="search" class="input search-input w-input" maxlength="256" name="query" placeholder="Search…" id="search-2"
    required=""><input type="submit" value="Search" class="search-button w-button"></form>

/search

<form action="/search" class="search-flex w-form"><label for="search-3" class="hide">Search</label><input type="search" class="input search-input tablet-search-input w-input" maxlength="256" name="query" placeholder="Search for a page…" id="search"
    required=""><input type="submit" value="Search" class="search-button w-button"></form>

POST https://clearme.tfaforms.net/api_v2/workflow/processor

<form method="post" action="https://clearme.tfaforms.net/api_v2/workflow/processor" class="hintsBelow labelsAbove" id="13" role="form">
  <div id="tfa_5" class="section group">
    <div class="oneField field-container-D    " id="tfa_4-D">
      <div class="inputWrapper"><input aria-required="true" type="text" id="tfa_4" name="tfa_4" value="" placeholder="Your Email" title="Enter Email Address" class="validate-email required"></div>
    </div>
  </div>
  <div class="actions" id="13-A"><input type="submit" data-label="Submit" class="primaryAction" id="submit_button" value="Submit"></div>
  <div style="clear:both"></div>
  <input type="hidden" value="13" name="tfa_dbFormId" id="tfa_dbFormId"><input type="hidden" value="" name="tfa_dbResponseId" id="tfa_dbResponseId"><input type="hidden" value="53a703d8241f83e02ece87edad65334b" name="tfa_dbControl"
    id="tfa_dbControl"><input type="hidden" value="" name="tfa_dbWorkflowSessionUuid" id="tfa_dbWorkflowSessionUuid"><input type="hidden" value="6" name="tfa_dbVersionId" id="tfa_dbVersionId"><input type="hidden" value="" name="tfa_switchedoff"
    id="tfa_switchedoff">
</form>

Text Content

Download the free CLEAR app today to find locations and more.


How It WorksWhere We AreBusiness & PartnershipsRESERVE powered by CLEARSupport &
FAQsCareers
Search
Search
Sign in
Search
Get CLEAR




TERMS OF USE


TABLE OF CONTENTS

 1.  Use of Materials on the Site
 2.  Materials You Submit
 3.  Conduct on the Site
 4.  Communications
 5.  Links
 6.  Trademarks and Copyrights
 7.  Disclaimers
 8.  Limitation of Liability
 9.  Indemnification and Release
 10. Additional Terms for Mobile Applications
 11. Additional Terms for Check-in with CLEAR
 12. Dispute Resolution By Binding Arbitration
 13. Geography Limitations; Export; Government Restrictions
 14. Changes to These Terms of Use
 15. General
 16. How to Contact Us



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

‍



FROM CLEAR USERS

If y’all don’t have @Clear yet and are traveling… Do it! It saved me so much
time this morning with PreCheck at MSP. I was through security in under 10
minutes.

@matthewwdavid

I swear @Clear is the only reason I make my flights on time

@siatrini

Security clearance at @miamiairports 90 seconds. Get @Clear it’s sooo worth it!
😊

‍

@ECronin2
 * 
 * 
 * 





DISCOVER WHAT'S NEW

Be the first to hear about locations and offers.







GET BACK TO THE GAME

Use CLEAR Lanes for faster entry at stadiums and arenas nationwide.

Learn more


INFO

How CLEAR Plus worksWhere we areBusiness & PartnershipsRESERVE powered by
CLEARSupport & FAQsMobile AppNewsroom


COMPANY

About UsInvestorsMember DealsGift cardsCareers


FEATURED PARTNERS

AvisDelta Air linesUnited AirlinesLinkedIn
Download on the
App Store
Get it on
Google Play



© 2022 Secure Identity, LLC. All rights reserved.
Privacy PolicyCookie UsageMember TermsReserve TermsTerms of Use


CLEAR'S COOKIE NOTICE

By clicking "Accept All Cookies," you agree to the storing of cookies on your
device to enhance site navigation, analyze site usage, and assist in our
marketing efforts. Privacy Policy

Manage Cookies Reject All Accept All Cookies



PRIVACY PREFERENCE CENTER

When you visit our Site, we may store cookies on your browser to collect
information that is used to measure Site performance, enhance user experiences,
personalize content and ads, and provide social media and other third-party
features. You can choose to opt out of all cookies on our Site, other than those
that are “strictly necessary”, below; however, this may impact the functionality
of the Site. You can also choose to turn off only certain types of cookies, such
as targeting cookies. Please note that with your opt-in consent to targeting
cookies, we may "share" (as the term is defined under California law)
non-sensitive identifiers and personal information pertaining to internet or
other similar network activity with third parties for advertising purposes.
More information
Allow All


MANAGE CONSENT PREFERENCES

STRICTLY NECESSARY COOKIES

Always Active

These cookies are necessary for the website to function and cannot be switched
off in our systems. They are usually only set in response to actions made by you
which amount to a request for services, such as setting your privacy
preferences, logging in or filling in forms. You can set your browser to block
or alert you about these cookies, but some parts of the site will not then work.
These cookies do not store any personally identifiable information.

Cookies Details‎

PERFORMANCE COOKIES

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and
improve the performance of our site. They help us to know which pages are the
most and least popular and see how visitors move around the site. All
information these cookies collect is aggregated and therefore anonymous. If you
do not allow these cookies we will not know when you have visited our site, and
will not be able to monitor its performance.

Cookies Details‎

FUNCTIONAL COOKIES

Functional Cookies

These cookies enable the website to provide enhanced functionality and
personalisation. They may be set by us or by third party providers whose
services we have added to our pages. If you do not allow these cookies then some
or all of these services may not function properly.

Cookies Details‎

TARGETING COOKIES

Targeting Cookies

With your opt-in consent to targeting cookies, we may “share” (as the term is
defined under California law) non-sensitive identifiers and personal information
pertaining to internet or other similar network activity with third parties for
advertising purposes. These cookies may be set through our site by our
advertising partners. They may be used by those companies to build a profile of
your interests and show you relevant adverts on other sites. They do not store
directly personally identifiable information, but are based on uniquely
identifying your browser and internet device. If you do not allow these cookies,
you will experience less targeted advertising.

Cookies Details‎
Back Button


PERFORMANCE COOKIES



Search Icon
Filter Icon

Clear
checkbox label label
Apply Cancel
Consent Leg.Interest
Switch Label label
Switch Label label
Switch Label label

 * 
   
   View Cookies
   
    * Name
      cookie name

Reject All Confirm My Choices