Anywhere Club Member Agreement

Please read this Member Agreement (the “Agreement”) carefully as it applies to your use of online services and digital products of Anywhere Club, powered by EPAM Systems, Inc. (“Anywhere Club” or “we” or “us”), including but not limited to the Anywhere Club websites located at http://aw.club and all subdomains (the “Platform”), and any and all mobile application offered by Anywhere Club and all its features, content and products and services (collectively, the “Services”). Your use of the Platform and Services is governed by this Agreement regardless of how you access the Platform or Services.

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY, AS THEY MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING HOW YOU MAY RESOLVE DISPUTES. PLEASE NOTE THAT THIS AGREEMENT MAY REQUIRE YOU TO SUBMIT DISPUTES TO ARBITRATION. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 23 (GOVERNING LAW AND ARBITRATION).

1. Acceptance of terms

The Platform and Services are made available by Anywhere Club subject to this Agreement. Anywhere Club reserves the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including by posting the revised version of this Agreement on the Platform. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” notice at the end of these terms. Your access to or use of the Platform or Services following changes to this Agreement will constitute your acceptance of those changes. Any changes to this Agreement shall not apply to any dispute between you and Anywhere Club arising prior to the date on which Anywhere Club posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes. When using any Services, you agree that you are subject to any additional terms and conditions posted by us that are applicable to such Services, which are incorporated by reference into this Agreement.

BY “CLICK ACCEPTING” THESE TERMS AND CONDITIONS, OR BY ACCESSING OR USING THE PLATFORM OR SERVICES (INCLUDING BY COMPLETING A TRANSACTION), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

2. Joining Anywhere Club

a. Eligibility. You may use our Services only if you can legally form a binding contract with Anywhere Club, and only in compliance with these terms and all applicable laws. You cannot use the Services if (1) you are a child for whom consent is required to fully use the Services, (2) we previously disabled your Account for violations of these terms, (3) our Services are not directed to your geographic territory, or (4) you are otherwise prohibited by applicable laws from accessing or receiving our Services. We reserve the right to refuse registration for, access to, or use of our Services by any person or household at any time and for any reason.

b. Becoming a Member.
When you register to become a Member, you must provide us with accurate and complete information. We reserve the right to reject and terminate any registrations submitted with false or inaccurate registration information, or otherwise submitted in violation of these terms.

c. Account Types and Access.
Members may create, operate, maintain, or otherwise use an account on the Services (“Account(s)”) for personal use. Each individual is limited to one Account. You are responsible for maintaining the security of your Account login information and you must keep such login information confidential. You are responsible for all activity that takes place under your Account. You should notify us immediately if you suspect or become aware of any unauthorized use of or access to your Account. Your username and password are for your personal use only and should be kept confidential; you (and not Anywhere Club) are responsible for any use or misuse of your username or password. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

d. Permitted Activities.
You may use, access, search, interact with, or otherwise make use of our Services only for the purposes for which they are provided and by the means we make available (such as our website, apps), and in each case subject to any supplemental terms we provide governing their permitted uses.

3. Licenses

Some of our Services may allow you to download client software. Subject to compliance with these terms, Anywhere Club grants you a worldwide, non-exclusive, personal, and non-assignable license to download, install, and run that software, solely to access our services. You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of our software or services. You also may not reverse engineer or decompile our software or services, attempt to do so, or assist anyone in doing so, unless you have our written consent or applicable law permits it. Although Anywhere Club grants you this license, we retain any intellectual property rights we have in our software and services.

4. Open source

Some of Anywhere Club’s services include software subject to separate open source license terms, and your use of those services are subject to your compliance with those license terms, when applicable. We encourage you to review them, as some licenses may explicitly override these terms.

5. Modification of the platform or services

Anywhere Club reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Platform or Services, with or without notice; charge fees in connection with the use of the Platform or Services; modify or waive any fees charged in connection with the Platform or Services; or offer opportunities to some or all users of the Platform or Services. If any part of the Platform or the Services is suspended, modified or discontinued, or if a technical error occurs, information, data, or content created or provided by you in connection therewith may be deleted or become inaccessible, and you should not exclusively rely on the Platform or Services to store or preserve such information, data or content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform or of any Service, content, feature or product, in whole or in part. Your continued access to or use of the Platform or Services after such changes will indicate your acceptance of such changes.

6. Platform and services information

We provide Members of the Platform and/or Services with access to certain content and services related to education, which may include, without limitation (a) seminar registration, (b) live streaming media (e.g., webcasts and groupcasts) and on-demand streaming media, (c) downloadable audio and video courses, (d) simulated testing software, (e) downloadable presentation materials, (f) downloadable publications, (g) blogs, and (h) transcripts. The quality (e.g., the resolution) of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors such as your location, the content being streamed or downloaded and the speed of your Internet connection. Anywhere Club makes no representation or warranty regarding access to content available through the Platform or in connection with Services, including the quality of streaming content and the download speed of downloadable content.

7. Disclaimer

Any content provided through the Platform and/or or in connection with the Services is designed to provide practical and useful information on the subject matter covered. WHILE SUCH CONTENT MAY CONCERN ISSUES IN THE TECHNOLOGY INDUSTRY OR OTHER ISSUES RELATED TO IT SERVICES, SUCH CONTENT SHOULD NOT BE RELIED UPON WITHOUT SEEKING ADVICE OF A COMPETENT PROFESSIONAL IN THE APPLICABLE SUBJECT MATTER. ANYWHERE CLUB EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT OF THIS PLATFORM OR IN CONNECTION WITH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT IS NOT PROVIDED FOR THE PURPOSE OF RENDERING ANY PROFESSIONAL SERVICES OR ADVICE.

8. Jurisdictional issues

The Platform and the Services are controlled and operated by Anywhere Club from the United States, and are not intended to subject Anywhere Club to the laws or jurisdiction of any state, country or territory other than that of the United States. Anywhere Club neither represents nor warrants that the Platform or the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Platform or Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.

9. Information submitted through the platform and/or services

Your submission of information through the Platform or in connection with the Services is governed by Anywhere Club’s Privacy Policy, which is located at privacy.epam.com (the “Privacy Policy”). You agree that all information that you provide to us is true, accurate and complete, and that you will maintain and update such information regularly.

10. Rules of conduct

You must comply with all applicable laws, rules and regulations while accessing or using the Platform and/or Services. In addition, we expect users to respect the rights and dignity of others. Your use of the Platform and/or Services is conditioned upon your compliance with the rules located at www.epam.com.

11. Blogs

Anywhere Club and our service providers may make available through the Platform or Services certain services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality, among other services) to which you are able to post information and materials (each, a “Blog”). Information contained in Blogs may be provided by employees of Anywhere Club as well as by third party visitors to the Platform or Services. Please note that visitors to the Platform or Services may post messages or make statements in the Blogs that are inaccurate, misleading or deceptive. Anywhere Club and its directors, officers, employees, representatives, affiliates, licensors and service providers (collectively, with Anywhere Club, the “Anywhere Club Entities”) neither endorse nor are responsible for any opinion, advice, information or statements made in the Blogs by third parties. Without limitation, the Anywhere Club Entities are not responsible for any information or materials made available through the Blogs (including errors or omissions in Blog postings or links or images embedded in Blog postings) or results obtained by using any such information or materials. Under no circumstances will the Anywhere Club Entities be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Blogs reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Anywhere Club.

In addition, the Anywhere Club Entities have no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third party information voluntarily made public through a Blog or any other part of the Platform or Services. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A BLOG OR OTHERWISE ON THE PLATFORM OR SERVICES, YOU DO SO AT YOUR OWN RISK.

12. Submissions

The Platform or Services may make available certain functionality (including Blogs and email addresses) through which you are able to post, send or make available information and materials (each, a “Submission”). For purposes of clarity, you retain any ownership rights that you may have in any of the Submissions that you post, subject to the terms and conditions of this Agreement. For each Submission that you make available through or in connection with the Platform or Services, you grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Submission, in any format or media now known or here after developed, and for any purpose (including promotional purposes, such as displaying a user comment on the front page of the Platform or Services as a testimonial), and you represent and warrant that you have all necessary rights to grant the foregoing license. We may use Submissions for any purpose whatsoever without compensation to you or any other person. You are and remain responsible and liable for the content of any Submission.

If you participate in an Anywhere Club program, either as a speaker or a faculty member, you may be required to sign a “consent form” agreement with Anywhere Club regarding your presentation(s) and material(s) prior to speaking or presenting at any program.

13. Feedback

Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials (including training materials) (“Input”), whether related to the Platform, the Services or otherwise, you acknowledge and agree that (a) your provision of any Input is gratuitous, unsolicited and without restriction and does not place Anywhere Club under any fiduciary or other obligation, and (b) any Input is not confidential and Anywhere Club has no confidentiality obligations with respect to such Input. Without limiting the foregoing, all Input shall be deemed a Submission and licensed to us pursuant to Section 12 (Submissions).

14. Monitoring

We may and expressly reserve the right (but have no obligation) to monitor, review, store, evaluate, alter or remove any information (including any Submissions or any messages, information, content or other materials sent to you, or received by you, in connection with the Platform or the Services, or their features and functionalities), at any time before or after it appears on the Platform or in connection with the Services, and to monitor, review or analyze your access to or use of the Platform or Services, in each case by manual, automated or other means, and in each case for any purpose, including such purposes as may be described in our Privacy Policy. We may disclose any such information (including any Submissions) and the circumstances surrounding its transmission to anyone for any reason or purpose.

15. Anywhere Club's proprietary rights

We and/or our licensors and suppliers own the information and materials made available through the Platform and/or Services. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Platform or Services or any information or materials made available through the Platform or Services.

Trade names, trademarks and service marks on the Platform or Services, are owned or licensed by Anywhere Club, Anywhere Club’s licensors or other respective owners. Such trade names, trademarks and service marks, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Platform or Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such trade names, trademarks or service marks without the express prior written consent of the owner.

16. Purchases and returns

We may make available products and services for purchase through the Platform or Services, and we may use third-party suppliers and service providers to enable e-commerce functionality on our Platform or Services. If you wish to purchase any product or service made available by us through the Platform or Services (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Anywhere Club the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Anywhere Club reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to not honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. Anywhere Club reserves the right to change its pricing for any and all of its products and services offered via the Platform and Services, at any time in its sole and absolute discretion without notice. You agree to pay all charges that may be incurred by you or on your behalf through the Platform or Services, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

17. Accuracy of information; products, content and specifications

Anywhere Club attempts to ensure that information provided on or in connection with the Platform or Services is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currency of such information, including all descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Platform or Services. Such information is also subject to change at any time without notice. Descriptions and images of, and references to, third-party products or services available in connection with the Platform or Services do not imply Anywhere Club’s endorsement of such third-party products or services. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Platform or Services at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Platform or in connection with the Services. By placing an order, you represent that the products ordered will be used only in a lawful manner.

18. Third party content; Links

The Platform or Services may incorporate certain functionality that allows the routing and transmission of, and online access to, certain digital communications and content made available by third parties, including social media providers (such communications and content, “Third Party Content”). By using such functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. The Platform or Services may provide links to other web sites and online resources that include Third Party Content. Because we do not control Third Party Content, you agree that the Anywhere Club Entities are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via the Platform or Services at any time. Your access to or receipt of Third Party Content via the Platform or Services does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by the providers of such Third Party Content). This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by any of the Anywhere Club Entities with respect to any Third Party Content. YOU AGREE THAT YOUR USE OF THIRD PARTY CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY CONTENT.

Anywhere Club shall have the right, at any time, to block links to the Platform or Services through technological or other means without prior notice.

19. Disclaimer of warranties

THE PLATFORM, SERVICES AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE PLATFORM OR SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, ACCESS TO AND USE OF THE PLATFORM OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE PLATFORM OR SERVICES. THE ANYWHERE CLUB ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PLATFORM. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THESE TERMS AND SERVICES AND ANY GOODS OBTAINED OR MADE AVAILABLE VIA WITH THE PLATFORM OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.

20. Limitation of liability

THE ANYWHERE CLUB ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE ANYWHERE CLUB ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR SERVICES, OR FROM ANY CONTENT POSTED ON THE PLATFORM OR IN CONNECTION WITH THE SERVICES BY ANYWHERE CLUB OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR SERVICES IS TO STOP USING THE PLATFORM OR SERVICES. THE MAXIMUM LIABILITY OF ANYWHERE CLUB FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO ANYWHERE CLUB TO ACCESS AND USE THE PLATFORM OR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT RESULTING IN SUCH DAMAGE, LOSS OR CAUSE OF ACTION, AND (II) TWENTY US DOLLARS ($20.00).

While we try to maintain the integrity and security of the Platform and Services and the servers from which the Platform and Services are operated, we do not guarantee that the Platform or Services will be or remain secure, complete or correct, or that access to the Platform or Services will be uninterrupted. The Platform or Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Platform or Services. If you become aware of any unauthorized third party alteration to the Platform or Services, contact us at support@aw.club with a description of the material(s) at issue and the URL or location on the Platform or Services where such material(s) appear.

21. Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless each of the Anywhere Club Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Platform or Services, (b) any violation or alleged violation of this Agreement by you, or (c) any claim that any of your Submissions or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.

22. Termination

This Agreement is effective until terminated. Anywhere Club may terminate your access to or use of the Platform or Services, at any time and for any reason, including if Anywhere Club believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access or use the Platform or Services will immediately cease. You agree that any termination of your access to or use of the Platform or Services may occur without prior notice, and that Anywhere Club may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Anywhere Club shall not be liable to you or any third party for any termination of your access to the Platform or Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

23. Governing law and arbitration

This Agreement is governed by the laws of the State of New York, USA, without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ANYWHERE CLUB (INCLUDING, WITHOUT LIMITATION, ANYWHERE CLUB’S COLLECTION, STORAGE, USE AND DISCLOSURE OF INFORMATION PURSUANT TO ANYWHERE CLUB’S PRIVACY POLICY), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL

AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THIS PLATFORM OR SERVICES, YOU AGREE THAT YOU AND ANYWHERE CLUB ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF THE PLATFORM OR SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE PLATFORM OR SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in New York County, State of New York, USA. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

24. Information or complaints

If you have a question or complaint regarding the Platform or Services, please contact us by writing to Anywhere Club Director, 41 University Drive, Suite 202, Newtown, PA 18940, or by emailing us at support@aw.club. Please note that email communications will not necessarily be secure; accordingly, you should not include payment information (such as credit card information) or other sensitive information in your email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.

25. Export control

You agree to comply with all applicable import, export, and re-export control laws and restrictions, including but not limited to those of the European Union and its member states, the U.S. Department of Commerce Export Administration Regulations (“EAR”) and economic sanctions maintained by the U.S. Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”), and will not use the services to cause a violation of such laws or regulations. Further, you represent and warrant that you are not located in North Korea, on any government list of prohibited or restricted parties, or otherwise subject to equivalent restrictions, as specified in the laws and regulations listed above or in your country’s laws. You may not download or use our services if you are located in a country or region subject to U.S. or E.U. government embargo (including Cuba, Iran, Syria, and the Crimea region) unless that use is authorized by the United States and other relevant authorities

26. Miscellaneous

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Anywhere Club. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Anywhere Club relating to the subject matter herein and supersedes any prior or contemporaneous written or oral agreements or understandings between you and Anywhere Club relating to such subject matter. Notices to you may be made via posting to the Platform or through the Services, by email, or by regular mail, in Anywhere Club’s discretion. The Platform or Services may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Anywhere Club will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Anywhere Club event terms

Events may be organized by Anywhere Club and you acknowledge and agree that participation in the event is at your own free will and risk. Anywhere Club excludes any liability that may arise in respect of the Event to the fullest extent permissible under law. Events may be recorded by audio, video or photography and you consent to such recordings by participating in the event.

Anywhere Club copyright policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Platform or in connection with the Services infringe your copyright, you (or your agent) may send Anywhere Club a written notice by mail, email or fax, requesting that Anywhere Club remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Anywhere Club a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent to Anywhere Club’s DMCA Agent as follows: By mail to Anywhere Club Director, 41 University Drive, Suite 202, Newtown, PA 18940; or by email to support@aw.club. Anywhere Club suggests that you consult your legal advisor before submitting a notice or counter-notice.

Anywhere Club volunteer terms

As a Member of Anywhere Club you may have the opportunity to participate in volunteer projects and programs subject to these terms and any additional terms that may apply to particular projects.

Details related to volunteer projects are confidential and may contain Anywhere Club confidential information. Anywhere Club confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Anywhere Club's prior written consent unless required by law with reasonable prior notice to us (unless a court orders that we not receive notice). You will not make any statement regarding your participation in a volunteer project without Anywhere Club’s prior written approval.

As a Member of Anywhere Club you also have the opportunity to request assistance from other volunteer Members to work on non-profit related projects by submitting an application here. Anywhere Club shall work with you to find suitable volunteers. If required, you may request that any volunteers who participate agree to some additional terms.

Anywhere Club Guidelines

Anywhere Club is a platform for industry collaboration, learning and sharing ideas. Anywhere Club encourages users to publish their thoughts, express and promote ideas and obtain feedback. Education is at the heart of what Anywhere Club does and Anywhere Club is excited to create a blog to share and discuss innovative, disruptive or alternative ideas.

Anywhere Club encourages responsible and appropriate use of the Platform and users agree to comply with the terms and conditions of these guidelines (“Club Guidelines”). In order to use the Platform you must read and agree to be bound by the terms of this Club Guidelines.

You must comply with all existing laws, including not only those laws and regulations that are specific to computers and networks, but also those that may apply generally to personal conduct. Anywhere Club may, without prior notice or liability to you, remove, suspend, modify, block, filter, or restrict by any means the

transmission of any material or use of the Platform if Anywhere Club determines that such transmission or use may be unlawful, harmful or in violation of this Club Guidelines.

The following acts constitute violations of this Club Guidelines.


• Unlawful use.
Using the Platform to transmit any material (by email, uploading, posting or otherwise) whose transmission violates any law, statute, regulation, rule or ordinance including but not limited to those dealing with libel, slander, defamation of character, obscenity, and intellectual property. You may not remove, modify or obscure any proprietary rights notices that are placed on the Platform.

• Harm to minors.
Using the Platform to harm, or attempt to harm, minors in any way.

• Threats.
Using the Platform to transmit any material (by email, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

• Fraudulent activity.
Using the Platform to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” unregistered sales of securities, or securities fraud.

• Forgery or impersonation.
Adding, removing or modifying identifying network, message, or article header information in an effort to deceive or mislead; attempting to impersonate any person by using forged headers or other identifying information.

• Unsolicited commercial email/Unsolicited bulk email.
Using the Platform to transmit any unsolicited commercial email or unsolicited bulk email, engaging in any other activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, or using deliberately misleading headers in emails sent to multiple parties.

• Unauthorized access.
Using the Platform to access, or to attempt to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Anywhere Club or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether the intrusion results in disruption of service or the corruption or loss of data.

• Collection of personal data.
Using the Platform to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Spidering, screen scraping, database scraping, harvesting or otherwise attempting automatic or manual means of accessing, logging-in to, obtaining data or information from the Platform is forbidden.

• Reselling the Platform.
Reselling the Platform without Anywhere Club’s written authorization whether on a service bureau, service provider/reseller or time-sharing basis or otherwise.

• Network disruptions and unfriendly activity.
Using the Platform for any activity that adversely affects the ability of other people or systems to use either the Platform or other parties’ internet-based resources, including without limitation excessive consumption of network or system resources (such excessive consumption to be determined in Anywhere Club’s sole discretion), “denial of service” attacks against another network host or individual user, or any other interference with or disruption of other network users, network Platform or network equipment.

You are responsible for all information and data, including any verbal, visual, graphical, sound, textual or other content (collectively, “Content”) disclosed, published or used on the Platform. You will not publish any Content on the Platform unless by virtue of ownership of the Content or possession of a license to use that Content. You grant Anywhere Club and its affiliates and service providers a fully paid up, transferable, sublicensable, right and license to store, modify, reformulate and otherwise use all such Content. You agree that you shall defend, indemnify and hold harmless Anywhere Club from and against any claims, damages, losses or expenses (including attorney fees and costs) incurred in connection with all claims, suits, judgments and settlements for damages arising from your breach of any provision of this Club Guidelines.

You agree that Anywhere Club may, in its discretion, monitor the usage, bandwidth, transmissions and content of the Platform periodically to (a) comply with any necessary laws, regulations or other governmental requests, or (b) operate the Platform properly or to protect itself, its network and its users. Anywhere Club reserves the right to update this Club Guidelines at any time. Your continued use of the Platform after an update will be deemed acceptance of the updated terms.

If you have any questions about this Club Guidelines or wish to report any postings or content, please contact support@aw.club.

LAST UPDATED: MAY 2022