These terms
These terms are the agreement between you and Cleared to Open, Inc. (“Cleared”, “we”), of Denver, Colorado, for clearedtoopen.com and the Cleared dashboard. You agree to them when you tick the box accepting them in the dashboard, and by using either site. If you use Cleared for a business, you agree for that business and confirm that you are allowed to act for it. You must be at least 18.
Our privacy policy, at clearedtoopen.com/privacy, explains what we collect and why, and is part of this agreement.
What Cleared does
Cleared helps restaurants get and keep their licenses and permits. Today that means:
- For a Denver liquor license, in a class the dashboard offers you, new or a transfer where it offers one: we transcribe your answers onto the state's and Denver's forms, prepare them for you to review and sign on the dashboard, file them with the agencies and pay their fees for you, and track each stage in your dashboard.
- For a license you hold, whether we filed it or you already had it: we track its published deadlines, check it against Denver's public records, remind you before dates come due and, when you ask, prepare its renewal.
- For a Denver retail food license renewal: you submit and pay in Denver's online licensing center, under your own account, and we prepare it with you and follow it through.
- We keep your licenses, permits and supporting documents in one place.
What we offer will grow. These terms cover whatever the dashboard offers you at the time.
What Cleared does not do
Cleared is not a law firm, and nothing on either site or from our staff is legal advice. In particular:
- You choose your license class. We show every class with the agencies' own published criteria, side by side, and we never recommend one.
- We fill in forms with the facts you give us. We do not suggest what to put in them.
- A question that needs legal judgment goes to a licensed Colorado attorney, and we tell you when we have sent it. Any advice comes from that attorney, and any relationship it creates is between you and the attorney, not with Cleared.
- We do not represent you at hearings or do neighborhood petition work.
No guarantee of the outcome
Licenses are issued by the state and local authorities, not by us. We cannot guarantee that a license will be approved or renewed, when an agency will act, or that it will not ask for more. The timelines we show are the agencies' published windows, not predictions for you.
Fees, forms and deadlines we show come from the agencies' published sources, with the source and date beside them. Agencies change them, so check with the agency before relying on a form or a deadline. If a government fee we collect from you changes, it is settled as the fees section below says.
Your part
- Give us information that is true, complete and current, and tell us when it changes. The forms we prepare carry your answers, and you sign some of them under oath.
- Read what we prepare before you sign or approve it, and answer our requests for documents and signatures in time.
- Pay the government fees for a filing when we invoice them, before we file it (see the fees section below).
- Keep your licenses in good standing. Our tracking and reminders help, but they depend on email and on public records that can be late or wrong, so your deadlines, your renewals and the conditions on your licenses remain your responsibility.
Approving, signing and filing for you
Before we file an application or a renewal for you, the dashboard shows you exactly what we will file: the forms, the answers we will enter on the agency's online form, and the documents that go with them. You review it, confirm that it is true, correct and complete, and sign.
Denver accepts an application signed by someone other than the licensee only with a letter from the licensee giving that person permission to sign for the business. When you sign that letter on the dashboard, you authorize the Cleared staff it names to sign Denver's online oath and submit that application for your business, as its authorized representative. They sign in their own names, never in yours, and only after you have approved the packet. The letter covers only the application it names, and you can withdraw it by writing to info@clearedtoopen.com before we file.
Our staff rely on your approval. We file the packet exactly as you approved it. If anything in it changes, we ask you to review and sign again, and if something does not add up, we ask you before we file.
You can sign on the dashboard. When you do, you tick a box agreeing to sign and receive these documents electronically, and your electronic signature counts as your handwritten one. You can ask us for paper instead before you sign, and you can withdraw that agreement for later documents by writing to info@clearedtoopen.com. Some state forms, such as the Individual History Record (DR 8404-I) and the manager's registration (DR 8442), must be signed by hand: the dashboard says so where that applies. Save a copy of what you sign: the dashboard lets you, and we keep the signed documents as our privacy policy describes.
Your account and your team
You sign in with a link we email you, or with Google or Apple. Keep that email account and those sign-ins secure: anyone who can read your email can sign in as you.
You can invite team members to your business. You are responsible for who you invite and what they do in your account, and you can remove them at any time.
Tell us at info@clearedtoopen.com if you think someone has got into your account.
Fees, refunds and the monthly plan
Our fees are the ones published on clearedtoopen.com when you take up a service. Government fees are separate from ours. For anything we file, we collect them from you and pay them to the agencies ourselves.
- The filing fee is $799 for each liquor license application, new or a transfer. We invoice it. If you cancel before we file your application with the agencies, we refund it in full. Once we have filed, it is not refundable, whatever the agencies decide.
- Before we file an application or a renewal, we invoice the government fees it needs, with our own fee. We charge exactly what the agencies publish, with no markup, and we pay the agencies when we file.
- If you cancel before we file, we refund those government fees in full. Once we have paid them to an agency, any refund is up to that agency's own rules.
- If an agency changes a fee before we file, we invoice or refund the difference first.
- A late fee an agency charges is yours if the filing went in late because of you (information, documents, signatures or a payment we were waiting on), and ours if it went in late because of us.
- Some fees you pay yourself: the fingerprint vendor bills you for fingerprinting, and a Denver retail food renewal is paid in Denver's online licensing center under your own account.
- The tracking and renewal plan is $49 a month for each license on it. It runs for 12 months from the date on its first invoice, billed monthly. If you end it early, the rest of those 12 months' fees are still due. After the first 12 months it continues month to month, and you can end it at the end of any month by writing to info@clearedtoopen.com. Government renewal fees are separate, invoiced before we file each renewal, as above.
- If an invoice is not paid when it is due, we may pause work on your filings and tracking until it is, and we tell you before we do.
- We may change our prices by publishing new ones. A change to a plan you already have starts only after its current 12 months, and we tell you at least 30 days ahead.
Your information and documents
What you give us stays yours. You let us use it to provide the service: to prepare and file your paperwork, to send it to the agencies and, when you ask a question that needs one, to an attorney, and as the privacy policy describes.
The documents we prepare for you are yours to use for your own filings.
Using the sites fairly
- Do not give false information, or file for a business you are not allowed to act for.
- Do not try to get into other people's accounts or information, or around our security.
- Do not copy the service, scrape it, overload it, or use it to build a competing product.
When the service falls short
We work to keep both sites available and accurate, but they are provided as they are and as available. To the extent the law allows, we make no promises beyond those in these terms, including that the sites will always be available or free of errors, or that the public records and published fees we show are current.
Limits on our liability
To the extent the law allows, we are not liable for indirect or consequential losses, such as lost profits, lost business or a business having to close. Our total liability for any claim about the service is limited to what you paid us in the 12 months before the claim arose, not counting government fees we paid to the agencies for you.
If information you gave us or approved was false or incomplete, or you broke these terms, and that leads to a claim against us or a loss for us, you will cover our reasonable costs and losses.
Nothing in these terms limits a liability that the law does not allow to be limited.
Ending the agreement
You can stop using Cleared and ask us to close your account at any time; the monthly plan's 12-month commitment still applies. We may suspend or close an account that breaks these terms, or that has not paid, after telling you. When an account closes, we keep and delete information as the privacy policy says. What you owe, the limits on liability and how disputes are handled continue to apply after the agreement ends.
Disputes
Please write to us first at info@clearedtoopen.com: most things can be sorted out that way.
Colorado law governs these terms, without regard to its conflict-of-laws rules. Any dispute is decided in the state or federal courts located in the City and County of Denver, Colorado, and you and we agree to those courts.
Changes to these terms
If we change these terms, the new version appears here with a new date. If a change matters for you, we tell you by email, and the dashboard asks you to accept the new version the next time you sign in.
The rest
These terms and the privacy policy are the whole agreement between you and us about the sites and the service. If part of them cannot be enforced, the rest still applies. Not enforcing a term straight away does not mean we give it up. You may not transfer this agreement without our consent; we may transfer it to a company that takes over Cleared. If the English and Spanish versions differ, the English version governs.
Cleared to Open, Inc., Denver, Colorado. info@clearedtoopen.com.