Membership Agreement

Terms and Conditions
Clear®
Registered Traveler Program
Verified Identity Pass, Inc.

 

MEMBERSHIP AGREEMENT
This is a membership Agreement between Verified Identity Pass, Inc. (Verified ID) and its applicants and members. The Clear® Program is operated by Verified ID, a privately held company. It is regulated by the U.S. Government's Transportation Security Administration (TSA), which is a division of the U.S. Department of Homeland Security.

 

I. Introduction
Below you will find the contractual terms that will govern our relationship with you. Although by nature much of it is complicated, we have attempted to write it in plain English. And we've drafted it in a way that is consistent with the overall idea behind Clear - that we are engaged in a risk management service, not a risk elimination service.

 

II. Membership Eligibility
Our service is available only to U.S. Citizens and permanent foreign residents aged 12 and over, and may only be used by individuals who can form legally binding contracts under applicable law. Our service is not available to children (persons under the age of 18), unless you use this service in conjunction with, and under the supervision of a parent or guardian. If you do not qualify, please do not apply for membership.

 

According to Transportation Security Administration policies, children under the age of 12 may not enroll in a registered traveler program, but may access the Clear lanes when accompanied by a parent or legal guardian that is a registered traveler participant in good standing.

 

Children using the Clear lane who are under 12 will be processed through the security checkpoint as "non-members". Minors above the age of 12 are eligible to join the program through the same process as adults with the additional requirement that a parent or legal guardian must be an approved registered traveler member and must consent in writing to permit the child to join the program.

 

III. Fees and Services
You are responsible for paying all fees associated with using our service. As part of the national rollout of the registered traveler program, the Transportation Security Administration (TSA) will charge a fee to conduct a security threat assessment of each applicant. Once you have been accepted for membership, your credit card will be charged for both the TSA vetting fee and your enrollment in Clear.

 

If you are not approved for membership in the program, your credit card will not be charged for the TSA vetting fee or for enrollment in Clear.
Should you cancel your Clear membership, your card will be deactivated and you will receive a pro-rated refund of your Clear membership; however, the TSA vetting fee is not refunded.

 

If for any reason TSA revokes your Clear membership, your card will be deactivated and you will receive a pro-rated refund of your Clear membership.
Your credit card will be billed at the time of approval of your membership for $100 plus a $28 TSA vetting fee, for a total of $128. Unless you instruct us otherwise after we give you advance notice, at expiration of your initial membership term, we will bill your credit card for renewal of the service at the then-applicable rate.

 

Your Clear Account is set by default to auto-renew and to automatically charge your credit card at the currently-applicable rate when your term expires. Renewals are subject to the same pro-rated refund policy as initial membership fees. You can turn off auto-renew at any time by calling Clear support at (866) 848-2415 — you will receive a pro-rated refund for the unexpired portion of your membership.

 

If your membership application is not approved, your credit card will not be charged. Our pro-rated refund policy does not apply to advance payments for multiple memberships paid for by third parties.

 

If you are enrolling in Clear through a promotion, the Terms and Conditions of that promotion shall apply.

 

IV. Use of Our Website
This website is owned and operated by Verified ID. Verified ID provides its services to you subject to the terms and conditions described in the Terms and Conditions section of our website. When you use this service, you accept those conditions.

 

V. Privacy
Please review our Privacy Policy to understand our privacy practices that govern this membership Agreement.

 

VI. Verified Identity Pass' Obligations to Applicants and Members
In providing the Clear membership Service, Verified ID agrees as follows:

1. Verified ID shall administer an application and enrollment process which will serve to ascertain through the collection of biographic information that the applicant meets certain criteria to prove his identity ("the enrollment process").
2. Verified ID shall register applicants in-person by taking biometric identifiers, including fingerprints and iris (the biometric information), and photographs for Clear membership.
3. Verified ID shall send applicant's biometric and biographic identifying information to the U.S. Government's Transportation Security Administration (TSA) for a security threat assessment.
4. Verified ID shall issue a membership card upon applicant's successful completion of both the online enrollment process, the in-person registration and the TSA screening process.
5. Verified ID warrants that it will keep the promises contained in its Privacy Policy referenced in V above, and instruct its directors, officers, employees or agents not to commit any action which causes it to be in violation of those principles. Verified ID reserves the right from time to time to change these policies, and if it does so it shall inform all customers by email.

VII. Applicants' and Members' Obligations
In contracting for the Clear membership service, applicants and members (who shall be known collectively as "Customers") agree as follows:

1. Customer acknowledges and agrees that when Verified ID submits an applicant's name to TSA for checking against terrorist threat lists or similar data maintained by the United States government, such lists and data are by their nature inherently fallible. They may result in incorrect or unjustified matches of names of applicants who pose no terrorist threat, and they may not contain names of people who do present a terrorist threat. Customer also acknowledges that TSA does not transmit to Verified ID or to the airport any information about the applicant or any reasons for its decisions. Therefore, customer releases Verified ID and the facilities in which the Verified ID product is used, from any liability, and holds it harmless for any and all damages or injury resulting directly or indirectly from the use of these lists and data.
2. Customer acknowledges and agrees that for the fee charged, Verified ID cannot be an insurer against injuries or losses related to the performance of the membership cards, the card readers, and/or the overall system for granting access to the members' designated lane ( "the access system"); and therefore, that the customer will not hold Verified ID liable for any injury or loss in connection with the access system and from any loss or expense suffered by Customer resulting directly or indirectly from its performance or failure.
3. Customer acknowledges that in the case of a lost or stolen card, it is the customer's responsibility to notify Verified ID at www.FlyClear.com or (866) 848-2415 as soon as possible.
4. Customer acknowledges that the enrollment term begins on the day that the card can first be used by the member.
5. Customer acknowledges that all decisions related to who is allowed to board or not to board an airplane at any airport are solely the responsibility of the federal Transportation Security Administration (TSA) and that Verified ID cannot in any way be responsible for any direct or indirect consequences or damages related to those decisions.
6. Customer acknowledges and agrees that Verified ID is intended to be and is offered as a risk management tool, not a risk elimination tool, and that while Verified ID may lessen the risk of criminal, terrorist and other dangerous acts in places where the Verified ID Service is used, while enhancing convenience, Verified ID is not an insurer and in no way eliminates those risks. Because of the limits inherent in the Verified ID process, including the limits of, and possibility of errors in the screening process, as well as the impossibility of predicting human behavior based on the prior acts of members, neither Verified ID nor the facilities in which it is used shall be liable for any loss, injury or damage to property, to customer or to third parties, arising from any use of the Clear card and its access system.

VIII. TSA Required Conditions

1. Customer acknowledges that Registered Traveler is linked to the national security environment and that the Transportation Security Administration (TSA) can suspend the program at any or all locations at any time if changes in the security environment warrant. If the registered traveler program is suspended by the TSA, the amount of days missed due to the suspension will be added to the end of the membership term. If the registered traveler program is shut down by the TSA, the customer will be provided a pro-rata refund of his or her membership fee.
2. Customer acknowledges and agrees that if additional information is required for the TSA to perform adjudication, the TSA will work directly with the customer to resolve the matter, and that TSA will be responsible for any enforcement action resulting from fraudulent matches.
3. Customer acknowledges and agrees that TSA will be responsible for notifying the customer if the customer receives a “Not Approved” TSA Security Threat Assessment.
4. Customer acknowledges and agrees that TSA or its agents may transmit an “Approved” or “Not Approved” determination of the customer’s TSA Security Threat Assessment directly to Clear. TSA or its agents will not transmit the content of the TSA Security Threat Assessment nor the reason behind the “Approved” or “Not Approved” determination.
5. Customer acknowledges and agrees that payment of a fee to participate in Registered Traveler neither guarantees acceptance into RT nor continued enrollment status in RT.
6. Customer authorizes Clear to collect and retain information necessary to provide customer support including the biometric information collected at enrollment.
7. Customer acknowledges and agrees to update his/her biographical data, such as address or phone number, within 30 days of any changes taking effect.
8. Customer acknowledges and agrees that he/she has received a copy of the TSA Privacy Act Statement.

TSA Privacy Act Statement
Authority: 49 U.S.C. 114 authorizes collection of this information.
Purpose: TSA is collecting this information from all individuals who apply to participate in the Registered Traveler program. TSA will use this information to verify your identity, to conduct and adjudicate a security threat assessment, and, if you are accepted into Registered Traveler, to conduct ongoing security threat assessments and to issue a “smart card” to you that will identify you as a Registered Traveler. Furnishing this information is voluntary. However, failure to provide it may delay or prevent the completion of the security threat assessment, without which you may not be permitted to participate in this program.

 

Routine Uses: The information will be used by and disclosed to TSA personnel and contractors or other agents who need the information to assist in the operation of Registered Traveler. Additionally, TSA may share this information with airports and airlines to the extent necessary to ensure proper identification, ticketing, security screening, and boarding of Registered Travelers. TSA may disclose information to appropriate law enforcement or other government agencies as necessary to identify and respond to outstanding criminal warrants or potential threats to transportation security. TSA may also disclose information pursuant to its published system of records notices, DHS/TSA 002, Transportation Security Threat Assessment System (T-STAS) and DHS/TSA 015, Registered Traveler Operations Files, both of which were last published in the Federal Register on November 8, 2005, at 70 FR 67731-67736.

 

IX. Miscellaneous

1. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Venue for any claim, demand or action under this Agreement shall be New York County, New York.
2. This Agreement and any Terms and Conditions of any promotion through which Customer enrolls, constitute the entire understanding of Verified ID and Customer. If any provisions in this agreement are declared invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and shall not render this agreement unenforceable, invalid or illegal as whole.
3. The Customer may not assign, transfer or delegate any rights or obligations hereunder.