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TSA PreCheck® Enrollment Provided by CLEAR: Disclosures and Terms

Thank you for enrolling in TSA PreCheck® Enrollment Provided by CLEAR, a private company under contract with TSA. Below are some required government disclosures we are sharing on behalf of the Department of Homeland Security (DHS) describing how your data is used and shared as your ongoing eligibility to participate in the TSA PreCheck® program is evaluated. Following these disclosures are some additional Terms and Conditions that govern your enrollment in TSA PreCheck® through this enrollment site. If you decide to enroll in CLEAR in addition to TSA PreCheck®, CLEAR’s member terms, https://www.clearme.com/member-terms, will also apply.

Governmental Disclosures

PRIVACY ACT STATEMENT

Authority: 6 U.S.C. § 1140, 46 U.S.C. § 70105; 49 U.S.C. §§ 106, 114, 5103a, 40103(b)(3), 40113, 44903, 44935-44936, 44939, and 46105; the Implementing Recommendations of the 9/11 Commission Act of 2007, § 1520 (121 Stat. 444, Public Law 110-52, August 3, 2007); and Executive Order 9397, as amended.

Purpose: The Department of Homeland Security (DHS) will use your information to conduct a security threat assessment. Biometrics collected from applicants to the TSA PreCheck® Application Program may also be used to conduct screening at airport checkpoints. Your fingerprints and associated information will be provided to the Federal Bureau of Investigation (FBI) for the purpose of comparing your fingerprints to other fingerprints in the FBI’s Next Generation Identification (NGI) system or its successor systems including civil, criminal, and latent fingerprint repositories. The FBI may retain your fingerprints and associated information in NGI after the completion of this application and, while retained, your fingerprints may continue to be compared against other fingerprints submitted to or retained by NGI. DHS will also transmit your fingerprints for enrollment into Automated Biometrics Identification System (IDENT). If you provide your Social Security Number (SSN), DHS may provide your name and SSN to the Social Security Administration (SSA) to compare that information against SSA records to ensure the validity of the information.

Routine Uses: This system may disclose information in accordance with the Privacy Act, 5 U.S.C. 552a(b), including as a routine use pursuant to 5 U.S.C. 552a(b)(3) with third parties during the course of a security threat assessment, employment investigation, or adjudication of a waiver or appeal request to the extent necessary to obtain information pertinent to the assessment, investigation, or adjudication of your application under the TSA system of records notice (SORN) DHS/TSA 021, TSA PreCheck® Application Program for applicants to that program. Disqualifying criminal offenses uncovered during your application may limit your ability to access TSA PreCheck® expedited screening. For as long as your fingerprints and associated information are retained in NGI, your information may be disclosed pursuant to your consent or without your consent as permitted by the Privacy Act of 1974 and all applicable Routine Uses as may be published at any time in the Federal Register, including the Routine Uses for the NGI system and the FBI’s Blanket Routine Uses.

Disclosure: Furnishing this information (including your SSN) is voluntary; however, if you do not provide your SSN or any other information requested, DHS may be unable to complete your application for a security threat assessment.

PAPERWORK REDUCTION ACT STATEMENT

Statement of Public Burden: This is a voluntary collection of information, but failure to provide the information may result in an inability to approve your eligibility for the requested TSA program or benefit. TSA estimates that the total average burden per response associated with this collection for enrollment is approximately 30 minutes. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The control number for this collection is OMB 1652-0059, which expires 9/30/2024.

CLEAR Terms and Conditions for TSA PreCheck® Enrollment
By enrolling in TSA PreCheck® you acknowledge the disclosures set forth above. By enrolling in TSA PreCheck® Enrollment Provided by CLEAR you agree to all the terms and conditions set forth below (the “Terms”). If you do not agree to these Terms, please do not enroll in TSA PreCheck® Enrollment Provided by CLEAR and instead use other available options for enrolling in TSA PreCheck® found on tsa.gov/precheck. This TSA PreCheck® enrollment opportunity is made available to you by Alclear PC, LLC and its affiliates.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT THAT APPLIES TO YOUR RELATIONSHIP WITH CLEAR BUT NOT TO YOUR RELATIONSHIP WITH TSA OR THE U.S. GOVERNMENT, 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.

AT THE CONCLUSION OF YOUR TSA PRECHECK® ENROLLMENT APPLICATION YOU WILL BE PROVIDED THE OPPORTUNITY TO ENROLL IN CLEAR AS WELL. YOUR TSA PRECHECK® ENROLLMENT AND ELIGIBILITY WILL IN NO WAY BE IMPACTED BY WHETHER YOU ELECT TO ENROLL IN CLEAR. IN THE EVENT YOU DECIDE TO ENROLL IN CLEAR, CLEAR’S MEMBER TERMS, HTTPS://WWW.CLEARME.COM/MEMBER-TERMS, WILL APPLY.

1. Enrollment and Terms of Membership

1.1Enrollment

To use TSA PreCheck®, you must complete your enrollment, be deemed eligible, receive a Known Traveler Number and become a “Member”. You may enroll either (a) through this website followed by an in-person visit to a TSA PreCheck® Enrollment Provided by CLEAR enrollment location or (b) at a TSA PreCheck® Enrollment Provided by CLEAR enrollment location without an online pre-enrollment. To begin enrollment, you must meet the qualifications set forth here. By enrolling in TSA PreCheck® Enrollment Provided by CLEAR you hereby expressly consent to CLEAR’s sharing of your biographic and biometric information with TSA, the FBI and other governmental agencies for the purpose of determining your eligibility and administration of the TSA PreCheck® program. Please see the Privacy Act Statement above for further details. If your application is not approved by TSA, you will not be entitled to a refund of your enrollment fees. TSA PreCheck® is a program administered solely by TSA and may be subject to change as promulgated by an authorized government agency. Initiating or completing enrollment in TSA PreCheck® does not guarantee an enrollee’s continued opportunity to receive TSA PreCheck® expedited screening.

1.2Term of Membership and Fees / Background Checks

You may enroll in TSA PreCheck® for a five-year initial term (the “Initial Term”). Your initial TSA risk assessment as described above in the Privacy Act statement shall be valid for a five year period, unless TSA determines you are no longer eligible. The Initial Term and any following renewal terms are collectively referred to as the “Term”).

1.3Notices

All notices from CLEAR related to your TSA PreCheck® enrollment or renewal to you are considered received and effective when we send them to the email address you give us when you enroll or later update, or via text message if you have enrolled in SMS or MMS notifications, or as otherwise set forth herein (“Notice”). If you would like to update your information, please call 1-888-831-9070 or email CLEARCustomerSupport@tsa.dhs.gov

2. Charges & Payment

You agree to pay the fees set forth when you sign up and in these Terms (collectively, “Charges”). The fees include all required governmental fees related to your Initial Term. You agree that Charges for any renewal term will be as set forth at the time of your renewal, for which we will provide you with Notice. You authorize us to bill Charges to your credit or debit card, or agree to pay by another payment method approved by us, as specified during your enrollment process. You agree to pay the cost of any returned check or other fees charged to us as a result of your insufficient funds.

3. Contractors

CLEAR may use third parties to help perform your TSA PreCheck® enrollment.

4. Intellectual Property Rights; Restrictions on Use

4.1Ownership of Platform and Related Data

As between CLEAR and Members (collectively, “Parties”), CLEAR owns all rights, title and interest in and to the enrollment platform, including (1) any derivative works; and (2) any intellectual property or other proprietary rights related to the foregoing (collectively, “CLEAR IP”). Nothing in these Terms grants any license to you or other Members under any CLEAR IP. TSA reserves all rights related to the TSA PreCheck® program, including the TSA PreCheck® trademark, which we use under a license agreement between TSA and CLEAR.

5. Termination

Notwithstanding the termination of your membership in the TSA PreCheck® Program, the following sections of the Terms shall survive any such termination: Sections 2 (to the extent any fees remain due and payable), 4.1, 6 and 7–9 (inclusive). Upon the termination of your membership, all rights and obligations of the Parties under these Terms shall expire, except those specifically designated in this Section 5.

6.1Limitation 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 OR RELATED TO THE TSA PRECHECK® PROGRAM GENERALLY 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.

6.2Remedies

At its option, any member of the CLEAR Group may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms and actions for damages.

7. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. PLEASE NOTE THAT THESE ARBITRATION TERMS ARE SPECIFIC TO CLEAR, NOT TSA. IF YOU DO NOT WISH TO ACCEPT THESE TERMS, YOU MAY SELECT AN ALTERNATIVE ENROLLMENT PARTNER, AVAILABLE AT TSA.GOV/PRECHECK.

7.1Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between yourself and CLEAR, whether arising out of or relating to these Terms (including any alleged breach thereof), any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and CLEAR are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. For clarity, this Section 7.1 shall not apply to any disputes or claims between yourself and TSA concerning these Terms or the TSA PreCheck® service.

7.2Prohibition 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.

7.3Pre-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 (“Arbitration Notice”). The Arbitration Notice to CLEAR should be sent to CLEAR at 85 10th Ave, Floor 10, New York, New York 10011, Attn: Legal (“Arbitration Notice Address”). The Arbitration Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If CLEAR and you do not resolve the claim within sixty (60) calendar days after the Arbitration Notice is received, you or CLEAR may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CLEAR or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CLEAR is entitled.

7.4Arbitration 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, HTTPS://WWW.ADR.ORG. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, HTTPS://WWW.ADR.ORG/CONSUMER. CLEAR may also choose to conduct the arbitration before a three-member panel of neutral arbitrators with CLEAR bearing all costs of arbitration and in accordance with the JAMS Comprehensive Arbitration Rules & Procedures (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS, please visit its website, its website, HTTPS://WWW.JAMSADR.COM Information about the JAMS Rules and fees for consumer disputes can be found at the JAMS’ arbitration page, HTTPS://WWW.JAMSADR.COM/CONSUMER-MINIMUM-STANDARDS/. If there is any inconsistency between any term of the AAA Rules or JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless CLEAR and Member agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA or JAMS. If Member’s claim is for $10,000 or less, CLEAR agrees that Member may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules or JAMS Rules. If Member’s claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules or JAMS 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.

7.5Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If Member is able to demonstrate to the arbitrator that he or she is economically unable to pay their portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that Member should not be required to pay his or her portion of the Arbitration Fees, CLEAR will pay Member’s portion of such fees. In addition, if Member demonstrates to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, CLEAR will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. CLEAR will bear all Arbitration Fees if it elects to use JAMS. Any payment of attorneys’ fees will be governed by the AAA Rules or JAMS Rules.

7.6Confidentiality

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.

7.7Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms will continue to apply.

7.8Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, CLEAR agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Arbitration Notice Address) while you are a Member, you may reject any such change by sending CLEAR written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

8. General

8.1Taxes

You shall be responsible for federal, state, local and foreign taxes imposed on any consideration for any provision of services (including, without limitation, TSA PreCheck®) or transfer of property by CLEAR to you.

8.2Entire Agreement, Amendments and Modifications

These Terms constitute the entire agreement of the Parties with regard to the Program and all matters addressed herein, and all prior agreements, letters, proposals, discussions and other documents regarding the Program and the matters herein are superseded and merged into these Terms. In the event of any conflict between these Terms and any Additional Terms, these Terms control.

8.3Force Majeure

CLEAR will be excused from performance under these Terms for any period we are prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section 8.3, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labor strikes; (5) laws or regulation that change the nature of a Program or Programs or (6) other causes beyond the reasonable control of CLEAR.

8.4Severability

If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired, and such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible in accordance with applicable law.

8.5Governing Law

These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and CLEAR agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York.

8.6Assignment

You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without our prior written consent, which we may withhold in our sole discretion. Any attempted assignment by you that does not comply with the terms of this Section 8.6 shall be null and void. CLEAR may assign these Terms, in whole or in part, to any third party in its sole discretion.

8.7SMS and Text Messaging

We may provide the option for you to request customer service via text messaging. You agree that by initiating communications with us by text message (including SMS and MMS messages), you consent to and authorize us to provide service to you and/or to respond to your communications by text messaging you, including by using an automatic telephone dialing system.

When you opt-in to the service via CLEAR’s website, you consent and agree that we may send you a message to confirm your signup. Message and data rates may apply. Text "HELP" for help. Text "STOP" to cancel.

You can cancel this service at any time. Just text "STOP" to 72178. After you send the message "STOP" to us, you consent and agree that we may send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us, unless you later opt in to or request the service.

Participating carriers include AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile and Cricket. T-Mobile is not liable for delayed or undelivered messages.

For all questions about the services provided by this short code, you can send an email to CLEARCustomerSupport@tsa.dhs.gov.

As part of enrolling in TSA PreCheck®, your fingerprints and photograph will be collected, stored, disclosed and used by us to enable your enrollment, and facilitate your application, including background checks conducted by TSA and the FBI. Further detail regarding the use of your biometric information is set forth above in the Introduction to these TSA PreCheck® enrollment Terms and Conditions. If you elect to enroll in CLEAR, your biometrics may be used to facilitate your enrollment in the CLEAR Program and for the other purposes, as set forth in greater detail in CLEAR’s privacy policy, available at https://www.clearme.com/privacy-policy.