This Membership and Use Agreement (“Agreement”) is between FLO Corporation (“FLO”) and you as an applicant, member and/or user of the rtGO™ Registered Traveler Program. This Agreement sets forth the terms and conditions for your participation in and use of the rtGO Registered Traveler Program and related services.

The rtGO program is regulated by and follows the standards that have been set by the Transportation Security Administration (“TSA”) of the United States Department of Homeland Security. The rtGO program is an approved participant in the TSA Registered Traveler Program.

The rtGO program is open only to U.S. citizens and permanent foreign residents age 12 and over. Individuals under the age of 18 may only enroll and participate in the rtGO program in conjunction with a parent or legal guardian who is a member of the rtGO program. Membership is limited to individuals who have been assessed (i.e., “vetted”) and accepted by TSA and who have paid the current annual membership fee to the rtGO program.

Persons who wish to enroll in the rtGO program are responsible for all fees associated with the service. Included in these fees are the costs for TSA to conduct a security threat assessment of each applicant. Upon completing your application for membership, your credit card will be charged $100. This includes the cost of the TSA vetting fee and your membership enrollment fee in the rtGO program. If you are entitled to a discount based upon special partnerships, then the membership fee portion of your credit card will be discounted accordingly.

Should you not be approved by TSA, you will be credited for the amount charged, less the TSA vetting fee, which is non refundable.

The date at which your membership begins is the date at which you have been approved by TSA. Your account will automatically renew on each anniversary of your enrollment. You will be sent an email notification prior to this date to allow you to elect not to renew your membership. Renewal rates will be at the then current rates for membership. Should you choose to not renew your membership, your rtGO Card will be deactivated on the expiration date. If during random checks, TSA cancels your eligibility, your card will be deactivated immediately, and you will be credited the pro rata portion of your annual membership fee. The TSA vetting fee is not refundable in such cases.

1. FLO will utilize procedures acceptable to TSA to authenticate applicant documents during the enrollment process.

2. FLO will capture applicant biographic and biometric data (such as fingerprints, iris scans, and photographs) during the enrollment process.

3. FLO will forward to the Transportation Security Clearinghouse (TSC) biographic and biometric data to support the threat assessment conducted by TSA. The TSC is an entity under contract with TSA to be the single focal point for all Registered Traveler service providers.

4. FLO will issue an rtGO Membership card once enrollment into the program is completed and approval from TSA is obtained.

In contracting for the rtGO membership service, applicants, members and users of the rtGO program and rtGO facilities (referred to as "Customers") agree as follows:

1. Customer acknowledges and agrees that when FLO submits an applicant's name to TSA or its agents for vetting purposes, the process may result in incorrect or unjustified matches of names of applicants who pose no terrorist threat; likewise, TSA or its agents may accept persons who do present a terrorist threat. Customer further acknowledges that TSA does not transmit to FLO applicant or any reasons for its decisions. Therefore, Customer releases FLO and any facility in which the FLO rtGO service is used, from any and all liability, and holds each of them harmless from any and all damages or injury resulting directly or indirectly from the use or misuse of data and from all vetting decisions by TSA or its agents.

2. Customer acknowledges and agrees that FLO is not an insurer against injuries or losses related to the performance of the rtGO or other Registered Traveler membership cards, the card readers, and/or the overall system for granting access to designated Registered Traveler access lane(s). Customer agrees not to hold FLO liable for any injury or loss in connection with such access system or from any loss or expense suffered by Customer resulting directly or indirectly from such performance or failure or inability to use expedited processing procedures.

3. Customer acknowledges that in the case of a lost or stolen card, it is the Customer's responsibility to promptly notify FLO at registered.traveler@flocard.com or call the help desk at 1-888-622-3924. Failure to do so may result in termination of membership.

4. Customer acknowledges that the rtGO enrollment year begins on the day that approval to use the system is granted.

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 FLO is not in any way responsible for any direct or indirect consequences or damages related to those decisions.

6. Customer acknowledges and agrees that FLO and/or any Registered Traveler system such as the rtGO program is in no way a substitute for the security checkpoint procedures implemented by TSA and therefore is not liable for any loss, injury or damage to Customer, to property, or to any third parties, arising from any participation in or use of the rtGO program and facilities.

1. Customer acknowledges that the rtGO program is a participant in TSA’s Registered Traveler program, and that TSA can suspend that program at any or all locations at any time if changes in the security environment warrant. If the Registered Traveler program is terminated, the member 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 TSA to perform adjudication, TSA will work directly with the Customer to resolve the matter, and that TSA and not FLO will be responsible for any enforcement or other action resulting from improper identification matches.

3. Customer acknowledges and agrees that TSA (not FLO) 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 the rtGO program. 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 a Registered Traveler program such as rtGO neither guarantees acceptance into the rtGO program nor continued enrollment status in the rtGO program.

6. Customer authorizes the rtGO program to collect and retain information necessary to provide Customer support including the biographic and 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, which is set forth below.

Our privacy policy is applicable to all members and applicants. FLO reserves the right to change its policies from time to time.

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, Security Threat Transportation Assessment System (T-STAS) and DHS/TSA015, Registered Traveler Operations Files, both of which were last published in the Federal Register on November 8, 2005, at 70 FR 67731-67736.

1. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. Venue for any claim, demand or action under this Agreement shall be Wilmington, Delaware.

2. This Agreement constitutes the entire understanding of FLO 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.

4. This website is owned and operated by FLO Corporation. FLO provides its services to you subject to these Terms and Conditions.

5. Collection of excess data is neither required nor endorsed by TSA.

6. Excess data is collected for Sponsoring Entity (SE) and Service Provider (SP) use only and not for TSA use.

7. Provision of excess data to the Service Provider (SP) is not required for participation in the RT Program.

8. Iris images may be shared with National Institute for Standards and Technology (NIST) for purposes of research to develop the use of iris images.