Anywhere Club Member Agreement

Please read this Member Agreement (the “Agreement”) carefully as it applies to your use of the online services and digital products provided by Anywhere Club, a service of EPAM Upskill, LLC (“Anywhere Club” or “we” or “us”), including but not limited to the Anywhere Club websites located at https://aw.club and all subdomains (the “Platform”), and any and all applications offered by Anywhere Club, including all features, content, products, and services available through those applications (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 ARE A BINDING LEGAL CONTRACT BETWEEN YOU AND US AND MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING HOW YOU MAY RESOLVE DISPUTES. PLEASE NOTE THAT THIS AGREEMENT REQUIRES YOU TO SUBMIT DISPUTES TO ARBITRATION. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED UNDER THE HEADING “GOVERNING LAW AND ARBITRATION” BELOW.

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” date at the end of this Agreement. 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 the Platform or any Services, you agree that you are subject to any additional terms and conditions posted by us that are applicable to the Platform or Services, which are incorporated by reference into this Agreement.

BY CHECKING THE BOX TO ACCEPT THIS AGREEMENT  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. Becoming a Member of Anywhere Club

Eligibility. You will need to create an account to become a Member of Anywhere Club so that you can use many of the features of our Platform and use our Services.  You can only create an account if you can legally form a binding contract with Anywhere Club and only if you use our Platform and Services in compliance with this Agreement. You cannot create an account to use the Platform and Services if: (1) you do not accept this Agreement, (2) you are younger than 18 years of age, (3) we previously disabled your account for violations of this Agreement, (4) our Platform and Services are not available or not directed to your geographic territory, or (5) you are otherwise prohibited by law from accessing our Platform or receiving our Services. We reserve the right to refuse membership, registration of an account, or access to or use of our Platform or Services by any person or household at any time for any legal reason.

Becoming a Member. When you create an account  to become a Member, you must provide us with accurate and complete information. We reserve the right to reject and terminate any memberships created with false or inaccurate registration information, or otherwise submitted in violation of this Agreement.

Account Types and Access. Members may create, operate, maintain, or otherwise use an account for personal use. Each individual is limited to one account. You are responsible for maintaining the security of your account, including your account login information (such as your username and password), and you must keep your account login information secure and confidential. You are responsible for all activity associated with your account. Notify us immediately if you suspect or become aware of any unauthorized use of or access to your account. We are not liable for any loss or damage arising from your failure to secure your account or any misuse of your account.

Permitted Activities. You may use, access, search, interact with, or otherwise make use of our Platform and our Services only for the purposes for which they are provided and by the means that we make them available (such as via our website and apps), and in each case subject to the terms of this Agreement governing their use.

3. Licenses

Some of our Platforms and Services may allow you to use or download software. Subject to compliance with this Agreement, Anywhere Club grants you a worldwide, non-exclusive, personal, non-sublicensable, revocable, and non-transferable license to download, install, and run that software, solely to access our Platform and our Services. You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense our Platform, Services, or any of the software that we make available via our Platform or Services. You also may not reverse engineer or decompile, attempt to reverse engineer or decompile, or assist others to reverse engineer or decompile our Platform, Services, or any of the software that we make available via our Platform or Services. Although Anywhere Club grants you this license, we retain any intellectual property rights we have in our Platform, Services, or any of the software that we make available via our Platform or Services.

Some of Anywhere Club’s Platform and Services may include software subject to separate open source license terms.  Your use of the components and features of our Platform and Services that include open source software are subject to the license terms of that open source software and not the license terms in this Agreement. We encourage you to review those open source licenses because those license terms will be different than the terms in this Agreement.

Our Platform or Services may grant you a limited, personal, non-exclusive, non-transferable, and revocable license to access LinkedIn Learning® solely for your personal and non-commercial use. The license grant is conditioned on all the terms in this Agreement and the LinkedIn Learning® agreements available through the LinkedIn Learning® platform. The license that we grant can be revoked if unused for three successive months. If used actively for six months, the license can be extended for another six months under the same terms and conditions. We reserve the right to revoke any licenses provided to Members for the reasons explained elsewhere in this Agreement.

4. 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 or any content available through 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 Members or other users of the Platform or Services. If any part of the Platform or the Services or any content available through the Platform or 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. Subject to and limited by our refund policy, 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 use of the Platform or Services after such changes will indicate your acceptance of such changes.

5. Content Access, Payments, and Refunds

Content and Access. We offer avocational and recreational content on our Platform and through our Services that is not intended to provide you with employable skills or competencies and that does not lead to an academic degree or academic credit.  When you enroll in a course or otherwise access the content, whether it is free or you pay for it, we grant you a license to access and view the content via the Platform or the Services.  The content we offer is licensed and not sold to you, and we remain the owner of the content.  You are not allowed to resell, re-broadcast, distribute, or otherwise provide or share the content with others, including by sharing your account credentials with someone else or downloading the content and sharing it with others.

Regardless of whether you pay for the content or not, the license for the content that we grant to you is a limited, non-exclusive, revocable, personal, non-sublicensable, non-transferable license to access and view the content solely for your non-commercial purposes through the Platform or Services, in accordance with this Agreement. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you prior written permission to do so.

Your license to the content is effective as long as you remain a Member and the content remains accessible through our Platform or Services.  We may revoke any license to any content at any point in time in the event that we decide or are required to disable access to the content.  Reasons for revoking access to content could be because someone has demanded that we no longer provide the content for copyright reasons, the content violates our other policies, the content is out of date, or you violate this Agreement.  If there is an instructor associated with the content, you may not always have access to the instructor. 

The quality (e.g., the resolution or viewability) of 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 the Services, including the quality of streaming content and the download speed of downloadable content.

Payments. Unless otherwise specified at checkout, all payments will be in United States dollars.  The price applicable to the content we license to you will be the price at the time you complete your purchase of the content at checkout. There may be different prices available to Members and new users or during times when we are promoting certain content or discounting the price of particular content. 

If you are located in a country where use, sales, value added, goods and services, or any other applicable tax must be collected on consumer sales, we are responsible for collecting and remitting that tax to the applicable tax authorities. Depending on your location, the price you see may include taxes or taxes might be added at the time of checkout.

We use third party payment processors to collect payments from you, to make payment convenient for you, and to keep your payment information secure. You agree to pay the fees for the content that we license to you, and you authorize us and our third party payment processor to charge your means of payment for those fees. 

You agree to use a valid and authorized payment method. If your payment method fails and you are still permitted to access the content, you agree to pay us the corresponding fees within 30 days following the date we notify you of your payment method failing. We reserve the right to disable access to any content if we have not received adequate payment.

Refunds.  If you paid for content and it is not what we described it as being or is not what you reasonably expected, you can request a refund within 30 days following your date of purchase of that content.  All refund requests must be directed to support@aw.club.  We will apply any approved refund to your original payment method depending on capabilities of our third party payment processors, the Service used to purchase content, and other factors. We will not refund payments that are requested after the 30-day time limit unless the content you paid for is disabled or inaccessible due to our actions or in cases where we suspect or confirm that your account was fraudulently used despite your compliance with the account security requirements of this Agreement.  In those cases, we will consider refunds beyond the 30-day time limit.

Members or other users that abuse our refund policy will be denied refunds, restricted or prohibited from receiving future refunds, lose their membership, have their account closed or banned, or otherwise be restricted from accessing content or using the Services and the Platform.  Abuse of our refund policy includes requesting a refund after accessing and viewing a significant portion of the licensed content, claiming accessible content is inaccessible, requesting refunds for content that has been completely viewed, and excessive, repeated, or unwarranted refund requests. 

6. Privacy and Personal Information

Any personal information that you submit through the Platform or in connection with the Services is governed by Anywhere Club’s 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.

7. Rules of Conduct

Anywhere Club is intended to promote industry collaboration, learning and sharing ideas. Anywhere Club encourages Members and 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 place to share and discuss innovative, disruptive, or alternative ideas.

Anywhere Club requires responsible and appropriate use of the Platform and Services.  As a condition to accessing and using the Platform and Services, Members and users agree to comply with the following rules of conduct, including at online events and in-person events organized through the Services or Platform.  A violation of these rules of conduct may lead to Anywhere Club, without prior notice or liability to you, removing, suspending, blocking, or restricting your use of the Platform and the Services and revoking your membership.

1) You must comply with all applicable laws, rules and regulations while accessing or using the Platform or the Services.

2) We expect all Members and users to respect the rights and dignity of others.

3) You may only use the Platform and the Services to post and transmit material that does not violate any law, statute, regulation, rule or ordinance, including rules relating to libel, slander, defamation, obscenity, and intellectual property.

4) You may not remove, modify or obscure any proprietary rights notices that are placed on or viewable through the Platform or the Services.

5) You may not use the Platform or Services to harm, or attempt to harm, minors in any way.

6) Using the Platform or Services to post or transmit any material that threatens or encourages bodily harm or destruction of property is prohibited.

7) 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 is prohibited.

8) Adding, removing or modifying identifying network, message, user, Member, or article information in an effort to deceive or mislead or attempting to impersonate any person by using forged headers or other inauthentic identifying information is prohibited.

9) You may not use the Platform or Services or any information obtained through the Platform or Services to transmit any unsolicited commercial or bulk email.

10) 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 or operations of Anywhere Club or its affiliates is prohibited.

11) You may not use the Services or Platform to collect, or attempt to collect, information, including personal information, without the knowledge or consent of the owner of the information. Spidering, screen scraping, database scraping, harvesting or otherwise obtaining data or information from the Platform or Services without consent is forbidden.

12) You may not resell the Platform, the Services, any content, or any information obtained from the Platform or Services without Anywhere Club’s written authorization.

13) Using the Platform or Services for any activity that adversely affects the ability of other people or systems to use either the Platform, the Services, or other parties’ Internet-based resources, including without limitation excessive consumption of network or system resources, “denial of service” attacks, or any other interference with or disruption of other network users, equipment, or function is prohibited.

8. Submissions and Feedback

The Platform and Services have certain functionality through which you are able to post, send or otherwise transmit information and materials (each, a “Submission”) to the Platform, the Services, or other users or Members.  If you are taking courses, the Platform and Services may enable you to ask questions and post answers or reviews of content. For certain content, you may be invited to post Submissions in response to assessments, such as homework or tests. Do not post any Submissions that are not yours or that you do not have a right to use.

When you post Submissions to the Platform or the Services, 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 (including your name and image), 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. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. 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 your Submission.

We 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 legal 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 if required by applicable law or as otherwise provided in this Agreement.

9. Anywhere Club's Proprietary Rights

We and/or our licensors and suppliers own the information and materials made available through the Platform and the Services. The information and materials are protected by copyright, trademark, patent and/or other proprietary rights. 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’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 Anywhere Club, EPAM Upskill, LLC or any other  owner.

10. Accuracy of Information

Anywhere Club attempts to ensure that information that we provide on the Platform or Services is complete, accurate and current. We make no similar attempts with respect to Submissions.  Despite our efforts, the information that we provide may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currency of any information, including all descriptions, images, references, features, content, specifications, 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.

11. Third Party Content and 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 is not  responsible or liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, 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.

12. 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 CONTENT, INFORMATION, OR MATERIALS AVAILABLE THROUGH THE PLATFORM OR SERVICES. ANYWHERE CLUB, EPAM UPSKILL, LLC AND ITS AND THEIR AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PLATFORM AND SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

13. Limitation of Liability

14. Indemnity

If your actions or lack of action gets us in legal trouble, we will exercise our legal rights against you.  Specifically, unless applicable law prohibits it, you agree to indemnify, hold harmless, and defend (if we request defense) EPAM Upskill, LLC, and its affiliated companies, including its Anywhere Club service, and its and their officers, directors, suppliers, and agents from and against all third-party claims, demands, losses, costs and expenses (including reasonable attorneys’ fees) arising out of (a) your Submissions (b) your use of the Services or Platform, (c) your violation of this Agreement, or (d) any damage to, infringement of, or violation of the rights of a third party.  Your indemnification obligation will survive the termination of these Terms and your use of the Platform or Services.

15. Governing Law and Arbitration

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. 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.

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 EPAM UPSKILL, LLC (INCLUDING, WITHOUT LIMITATION, OUR 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 ACCEPTING THIS AGREEMENT OR 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 AND THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND 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 City, 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.

16. Information or Complaints

If you have a question or complaint regarding the Platform or Services, please contact us by writing to Anywhere Club Director, care of EPAM Upskill, LLC, 41 University Drive, Suite 202, Newtown, PA 18940 USA, 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.

LAST UPDATED: MAY 17, 2024