I am an adult over 18 years of age and wish to participate in Greater Wichita YMCA (YMCA, Y) membership and/or program activities. I have legal authorization to agree to YMCA terms and conditions for any minors associated with my membership and/or participation.

I agree to the YMCA’s complete terms and conditions and all related policies. I release the Greater Wichita YMCA, it’s partners, representatives, and successors from all claims of injury which may be sustained by me or my family while participating in any..

I release the Greater Wichita YMCA, it’s partners, representatives, and successors from all claims of injury which may be sustained by me or my family while participating in any YMCA-sponsored activity, whether caused by the negligence of the YMCA or otherwise. If medical attention is required, I give my permission for such medical care. I understand that the Greater Wichita YMCA is not responsible for personal property lost, damaged, or stolen while members and/or program participants are using YMCA facilities, on YMCA premises, or involved in YMCA programs. I also agree to abide by the Greater Wichita YMCA Facility Policies and core values of caring, honesty, respect, and responsibility.

YMCA membership is a continuous membership plan for those paying by automatic bank account or credit/debit card draft; however there is no contract. I further understand that membership dues are non-refundable. If I wish to terminate or change my membership in any way, I must give the YMCA a 30 day written notice to stop my automatic bank account or credit/debit card draft.

Annual memberships expire one year from date of purchase. I understand that if I chose to cancel my membership before the one year term is up, no refunds will be given. I also understand that any additional purchases such as locker fees and Kid Zone must also be paid for one year and are subject to the same cancelation policy.

All membership rates are subject to change with 30 days written notice. I understand it is my responsibility to notify the YMCA of any change in address or bank account information (if utilizing bank draft for payment of dues). The joiner fee is a one-time fee as long as I remain an active member of the Greater Wichita YMCA. If I choose to cancel or discontinue my membership for more than 60 days, a joiner fee will be charged when I reapply for membership. I understand that the YMCA has the sole authority to terminate any membership with or without notice to ensure the safety and comfort of the general membership. The YMCA reserves the right to review any membership application and deny membership to any individual who may pose a potential threat to the security and/or safety of others. I further understand that YMCA management has the authority to amend policies and procedures at any time to ensure the delivery of the highest possible services to the community. I acknowledge the waiver and membership agreement set forth above, and understand the mission statement of the Greater Wichita YMCA.

In consideration for being permitted to enter or use the premises, facilities or equipment of the Greater Wichita YMCA (“YMCA”), receive any of the services furnished by the YMCA, or participate in any of the programs offered by the YMCA, without respect to location, the undersigned, for himself or herself and his or her children under the age of eighteen (18) (collectively, “Minors”), and their respective personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or will immediately upon entering, receiving or participating, inspect and carefully consider such premises, facilities, equipment, services or affiliated programs. It is further warranted by the undersigned that any such entry or use of the premises, facilities or equipment of the YMCA, receipt of services furnished by the YMCA or participation in programs offered by the YMCA constitutes an acknowledgement by the undersigned that such premises, facilities, equipment, services and programs have been inspected and carefully considered by the undersigned and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such observation, use, receipt or participation by the undersigned and the Minors.

1. THE UNDERSIGNED, ON BEHALF OF HIMSELF OR HERSELF AND THE MINORS, HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the YMCA, its directors, officers, employees, and agents (hereinafter referred to as “Releasees”) from any and all liability to the undersigned, the Minors or their respective personal representatives, assigns, heirs, or next of kin for any loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned or any of the Minors, whether caused by the negligence of the Releasees or otherwise while the undersigned or any of the Minors is in, upon, or about the premises of the YMCA, while using any facilities or equipment thereon, while receiving any service furnished by the YMCA or while participating in any program offered by the YMCA, without respect to location.
2. THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned or any of the Minors in, upon, or about the premises of the YMCA the undersigned or any of the Minors observing or using any facilities or equipment of the YMCA, the undersigned or any of the Minors receiving any service furnished by the YMCA or the undersigned or any of the Minors participating in any program offered by the YMCA whether caused by the negligence of the Releasees or otherwise.
3. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to the negligence of Releasees or otherwise while the undersigned or any of the Minors is in, about, or upon the premises of the YMCA, while the undersigned or any of the Minors is using the premises or any facilities or equipment thereon, while the undersigned or any of the Minors is receiving services furnished by the YMCA or while the undersigned or any of the Minors is participating in any program offered by the YMCA.
4. THE UNDERSIGNED GIVES THE YMCA PERMISSION to conduct a sex offender registry (SOR) check on him or her, each member, visitor, and guest; provided, however, the YMCA shall have no obligation to perform any such check and the YMCA shall have no liability to the undersigned or anyone else for conducting or failing to conduct any such check.

The undersigned further expressly agrees that this Release and Waiver of Liability and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Kansas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect to the greatest extent permitted by law.

The undersigned has read, understands the terms of and voluntarily signs the Release and Waiver of Liability and Indemnity Agreement, and further agrees that no oral representations, statements, or inducement apart from those set forth herein have been made by the YMCA to the undersigned.

The undersigned has signed this Release and Waiver of Liability and Indemnity Agreement intending to be legally bound by the terms hereof and for the purpose of the inducing the YMCA to allow the undersigned and the Minors to enter and use the premises, facilities, and equipment of the YMCA, receive services furnished by the YMCA and participate in programs offered by the YMCA. The undersigned acknowledges and agrees that this Release and Waiver of Liability and Indemnity Agreement is a material inducement for the YMCA’s authorization for such entry, use, receipt, and participation.

UPDATED - 08/24/21

I authorize my bank or credit card or debit card institution to honor pre-authorized charges and/or Electronic Funds Transfer (EFT) drawn by the Greater Wichita YMCA on my account for (membership / program / contribution) payments as indicated. When the bank honors the EFT or credit card charge by transferring funds from my account, such transfer shall constitute notice of payment due and my receipt for the payment. Should any pre-authorized charges or EFTs not be honored by said bank or credit card institution when received by them, then it is understood that the payment is to be made by me in the amount of said payment plus service charge - $20 fee/instance as of June 1, 2019.

It is further understood that if such payment is not honored by the bank or credit card institution, then the YMCA, at its discretion, may resubmit the amount due for payment on a future date. In addition, I understand that if my account is not in good standing, the YMCA has the right to deny access to all YMCA facilities and programs or cancel my membership until all payments and applicable fees are paid in full. 

I can change my payment method (different account (checking or savings) and/or different card (credit or debit)) but I must provide TEN BUSINESS DAYS for the account change to be processed. I understand that monthly payment drafts, etc. may still be processes on my existing account during that transition time.

UPDATED - 06/01/19

YMCA membership is a continuous membership plan; however there is no contract. I further understand that membership dues are non-refundable. If I wish to terminate or change my membership in any way, I must give the YMCA a 30-day written notice to stop my automatic bank or credit/debit card draft. All membership rates are subject to change with 30 days written notice. I understand it is my responsibility to notify the YMCA of any change in address or bank account information (if utilizing bank draft for payment of dues).

By participating in the YMCA Nationwide Membership Program, participants agree to release the National Council of Young Men’s Christian Associations of the United States of America, and its independent and autonomous member associations in the United States and Puerto Rico, from claims of negligence for bodily injury or death in connection with the use of YMCA facilities, and from any liability for other claims, including loss of property, to the fullest extent of the law.

When you join the Y, you join a nationwide association of people. So, you’re warmly welcomed by more than 2,000 Ys across the nation. You will be required to sign a nationwide membership waiver upon your first visit to a YMCA outside of the Greater Wichita YMCA association. Check ymca.net for YMCAs near your travel destination.

UPDATED - 06/07/19

YMCA membership is not required to access a Greater Wichita YMCA location. An individual guest pass may be purchased to gain access to the YMCA for that one time visit. Guests must be age 18+ to purchase a guest pass, unless accompanied by an adult YMCA member - who accepts responsibility for and will remain onsite with their guest.

All guests/visitors, to purchase a pass/gain entry are required to allow the YMCA to take a photo, to present a government issued photo I.D., and sign a liability waiver at each visit to any Greater Wichita YMCA location. This waiver gives the YMCA permission to conduct a sex offender registry (SOR) check on each visitor. No refunds are granted once purchased.

UPDATED - 4/2023

Community Participants who join the Greater Wichita YMCA within 30 days of signing up for a class may deduct the difference between the member and the community participant class fee from their joiner fee. Guest Pass fees paid within the past 30 days may also be applied against the joiner fee for a new member.

RESTRICTIONS - For new members only. Application of fees cannot exceed the joiner fee.

UPDATED - 06/07/19

Membership fees are non-refundable except in the case of members who paid a full year in advance and are dealing with an injury, major illness or moving from the Wichita area. Credits expire after one year.

UPDATED - 06/07/19

The monthly bankdraft payment (AutoDraft) plan is a continuous membership or program payment plan and will continue unless the YMCA is NOTIFIED 30 DAYS PRIOR TO YOUR NEXT DRAFT. Bankdraft cancellations are accepted in person, by written letter, or by fax with handwritten signature. The YMCA reserves the right to change bankdraft fees with a 30-day written notice to members.

UPDATED - 06/07/19

Returned items are subject to a $20 processing fee.

UPDATED - 06/07/19

This privacy notice will advise you about our guidelines concerning the use of your personal information, including the reasonable efforts we make to protect your personal information in accordance with these guidelines, and about what choices you have concerning our use of such information. Please read this notice carefully.

1.0    PRIVACY

We keep your private by

• Not selling your information. You have entrusted the National Council of Young Men’s Christian Associations of the United States of America and its independent and autonomous member associations (collectively “The Y”) with your personal information, and we're committed to using it wisely. The Y will not sell, share or otherwise transfer your personal information to anyone without your consent.
• Restricting who has access to your information. The Y takes reasonable precautions to restrict access to your Internet account and personal information only by employees who are authorized to have such access for business purposes. If you have any questions or concerns about our privacy policy, please contact us at info@ymcawichita.org | 316.219.9622 | Greater Wichita YMCA, 402 N. Market Street, Second Floor, Wichita KS 67202.

Please refer to this policy regularly. The Y may need to change this policy from time to time to address new issues and reflect changes on our websites or within YMCA branches. We will post material changes on our websites or otherwise notify you and update the “Last Date Updated” field in the “Revision History” at the bottom of this page so that you will always know our policies regarding what information we gather, how we might use that information, and whether we will disclose that information to anyone.

Scope of Privacy Policy

This policy applies to the personal information that you provide to The Y, either through our websites and mobile applications or in person at a YMCA branch or program site. This policy does not apply to your use of unaffiliated sites to which our websites link.  This policy does not apply to Personal Health Information (“PHI”) collected through the YMCA Diabetes Prevention Program or any other program offered by The Y that requires the collection of PHI or other HIPPA protected information.

Collection of Personally Identifiable Information

The Y collects personally identifiable information (PII) from you when you voluntarily submit such information to us. The collection of PII may occur in person or on a website or mobile application operated, provided or otherwise controlled by The Y. This information may include your name, home address, email address, telephone number, date of birth, demographic information, sex-offender status, membership status, emergency contact information, and other information that we may need to collect in connection with certain events, including but not limited to:

• Registration for, or participation in, Y events, classes, camps, and other activities or programs
• Participation in YMCA Nationwide Membership
• Registration for surveys, forums, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, or other services or activities offered on our website
• Answering your inquiries about our website(s), apps, organization, membership, or other services or activities
• Registration as a member of The Y
• Utilization of third-party providers for program services such as HoldMyCourt.com, PlayerSpace, MindBody, and others.

Collection of Photographs

The Y will collect your photograph, by capturing your image at a YMCA or scanning your personal identification card, for the purpose of identifying you as a member, volunteer, guest or program participant.  Your I.D. photograph is required for participation and will not be used for any commercial purpose without your authorization.

The Y also takes pictures and videotapes various activities for promotional and educational use. As a YMCA participant you give permission to use your image or the image of minors to which you are parent/guardian for these purposes. The YMCA will not sell your image, but may share it with YMCA of the USA, the National Council of Young Men’s Christian Associations of the United States of America, and its independent and autonomous member associations in the United States. If you prefer not to be included in promotional and educational images, please let the photographer know before the photo/video is taken.

Use and Disclosure of Personally Identifiable Information (PII)

• If you do provide us with Personally Identifiable Information (PII), The Greater Wichita YMCA may contact you based on the information you provide to communicate with you about YMCA activities that may be of interest to you and your family.
• The Y will use its best efforts to never disclose any PII about you to any third-party for purposes unrelated to the YMCA without having received your permission except as provided for herein or otherwise as permitted or required under applicable law.
• We do not rent or sell PII, including information provided about children, to third-parties. The Y may share PII with trusted service providers, such as payment processors, technology partners or other providers that need access to your information to provide operational or other support services while you are a YMCA member or program participant. In certain circumstances, we may also share information with select similar nonprofit organizations that may offer activities of interest to you.
• We may also provide PII to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the provision of such information is required or permitted by law, such as in connection with the investigation or assertion of legal defenses or for compliance matters.

Collection of Payment Transaction Information

When you make a payment or donation, we collect information to process the financial transaction and may use that information to contact you in the future about The Y and its programs. Your payment information is transmitted to us, using a secure Internet method that helps maintain the privacy of this information. When your personal data is stored by us, we use computer systems with limited access housed in facilities using physical security measures. Personal information is stored and transmitted in encrypted form including when we utilize third-party storage.

Collection of Non-Personally Identifiable Information

We collect non-personally identifiable information without limitation, through the use of the following types of methodology:

• “Cookie” technology: A cookie is an element of data that a website can send to your browser, which may then store it on your system to help enhance your experience in using our sites and to provide us with technical information about your usage.
• IP address tracking: An IP address is a number that is assigned to your computer when you are on the Internet. When you request pages from our Sites, our servers log your IP address.
• Web beacons: A web beacon, or “clear gif,” is a small graphic image on a webpage or web-based document that a website can use to determine information about a user. Non-personally identifiable information might include the browser you use, the type of computer you use, technical information about your means of connection to our websites (such as the operating systems and the Internet service providers utilized), and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our websites and about the links you may select from within the sites to other areas of the World Wide Web or elsewhere online.
• Although an industry-standard do-not-track (DNT) protocol has not yet been established, The Y’s information collection and disclosure practices and the choices it offers to consumers will continue to operate as described in this Policy.

Use of Non-Personally Identifiable Information

We use non-personally identifiable information for our purposes related to running YMCAs and their programs, and, in particular, to administering websites, and, in the aggregate, to determine what technologies are being used.   We may also share aggregate, non-personally identifiable information with third-parties.

Collection of Sensitive Information

Where necessary, The Y may collect certain sensitive information from you, including:

• Payment card or bank account information to process fees or donations;
• Health information in connection with various fitness programs, programs in which we are responsible for supervising children, health screenings, or other health service events that we may provide from time to time.

Access to sensitive information is restricted to those individuals who have a legitimate need for access. We will not use or disclose your information to third-parties unless such disclosure is necessary to accomplish the purpose for which the information is collected.

Privacy of Children

We are mindful that young people need special safeguards and privacy protection. We realize that they may not understand or be able to meaningfully consent to the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to our adult users. We strongly urge all parents or legal guardians to participate in their children’s exploration of the Internet and any online services and to teach their children about protecting their personal information while online.

To provide the services we offer, we sometimes need to collect certain information about children in both online and offline contexts. If we ask for Personally Identifiable Information (PII) from children under 13 in connection with our online services, where required we will comply with the Children’s Online Privacy Protection Act (COPPA), including taking additional steps to protect the privacy of such information, including

• Obtaining verifiable consent from the parent or legal guardian of the child before collecting or using the child’s PII;
• Notifying parents about what PII is being requested and how that PII will be used and/or shared, such as through this policy;
• Limiting the online collection of PII from children to no more than is reasonably necessary to accomplish the purpose of the collection;
• Giving parents a description of and access to the PII we have collected from their children
• Offering them the opportunity to request that such PII be changed or deleted;
• Offering them an opportunity to prevent any further use or collection of information about their children; and
• Maintaining reasonable procedures to ensure the confidentiality, security and integrity of the personal information collected. We may also need to collect certain information about children and minors in an offline context, such as when
• A parent or legal guardian of a minor signs up for a membership including the child at a local YMCA, or for a program or camp we offer at one of our locations; and
• Minors visit our facilities without a membership, where we may collect information about them to be able to contact their parent or legal guardian to notify them of an injury or other issues involving the minor.

Links to Other Sites

Users may find other content on our websites that link to the sites and services of other third-parties. We do not control the content or links appearing on these sites. Third-party sites or services, including their content and links, may be constantly changing and may have their own privacy policies and customer service policies. We encourage you to review the privacy policies of any third-party sites or services before providing any of them with your personal information.

Choice/Opt-Out

If you opt-in to receive information from us, you can change your mind later. If at any time you would like to stop receiving such information or opt out of a feature, you may change your options by contacting info@ymcawichita.org. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third-party who has been provided with your information in accordance with this policy.

Lawful Requests

We may be required to disclose your information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We generally do not disclose your information unless we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. We may share your information when we believe it is necessary to comply with applicable laws or to protect our members, interests or property. Nothing herein is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

Personal Data Access and Accuracy

You may contact The Y with inquiries or complaints regarding the use of information about you. We will use reasonable efforts to grant reasonable requests to access data about the requester. We will also make reasonable requests to correct any incorrect or misleading data about the requester.

2.0    SECURITY

YMCAs take appropriate administrative, technical, and physical measures to safeguard against unauthorized processing of personal information, and against the accidental loss of, or damage to, personal data.  However, The Y cannot provide an absolute guarantee of the security of any of our websites or any other site on the Internet.

Consent to Transfer

YMCA websites are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to The Y will be transferred to the United States By using YMCA websites, participating in any YMCA services, and/or providing us with your information, you consent to this transfer.

Updating your Personal Information

You can update your personal information by emailing us at info@ymcawichita.org or via a written request mailed to: Greater Wichita YMCA, 402 N Market, Wichita KS 67202. Do NOT send Social Security numbers or other PII/sensitive information to us via unencrypted email.

3.0    WIFI SECURITY AND PRIVACY
By using The Greater Wichita YMCA Guest WIFI internet service, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer.

Accordingly, you agree that the Greater Wichita YMCA is NOT liable for any interception or transmissions, malware or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.

Use of the wireless network is subject to the general restrictions outlined in YMCA WIFI Terms and Conditions. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, the Greater Wichita YMCA reserves the right to permanently disconnect the offending device from the net.

The Y takes pictures and videotapes various activities for promotional use. Please let the photographer know if you do not wish to be included before the photo/video is taken and/or your likeness is captured.

The Y uses email addresses collected to communicate electronically with  members and participants. If you do not wish to receive Greater Wichita YMCA email communications, follow “unsubscribe” instructions in any email.

UPDATED - 06/11/19

In addition to security cameras in and around our facilities, the Greater Wichita YMCA photographs and videotapes various activities for news coverage and promotional use. Please let the photographer videographer know if you do not wish to be included in pictures or recordings for marketing purposes.

UPDATED - 06/07/19

PRIVACY POLICY (Last Updated: 05/24/2018)

This Privacy Policy applies to all of the products and services offered by Netpulse UK and NetPulse Inc. (collectively, “Netpulse,” the “Company,” ”we,” “our,” and “us”) via its website, its mobile applications, and the websites and mobile applications that Netpulse powers for our third party business partners where this Privacy Policy is presented or made available to you (“Netpulse Services”). Please see also the Netpulse Terms of Service because capitalized terms not otherwise defined in this Privacy Policy shall have the meaning set forth in the Terms of Service.

Please read this Privacy Policy carefully before you use the Netpulse Services.
If you have any questions about our privacy practices, please contact us as set forth in the section entitled “Contact Us” below.

1) INFORMATION WE COLLECT

Our primary goals in collecting information are to provide and improve the Netpulse Services, to administer your use of the Netpulse Services (including your account, if you are an account holder), and to enable you to enjoy and easily navigate the Netpulse Services. We also collect information for other purposes as described in this Privacy Policy. Some examples of the types of information we collect and where we collect that information include the following:

A. Information You Provide

• Account Creation. You may use some of the Netpulse Services without registration. When you sign up for a Netpulse account or other Netpulse Service that requires registration, we ask you for information, which includes personally identifiable information about you (information that can be used to identify you, such as your first and last name and email address). As part of the registration process, we also collect passwords, password hints, and other information for authentication and account access. If you choose to create an account through one of your accounts with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”), you may have to provide us with your username (or userID) so that your identity can be authenticated by the SNS Account. When the authentication is complete, we’ll be able to link your account with the SNS Account and access certain information, such as your name and email address, and other information that your privacy settings on the SNS Account permit us to access. We don’t receive or store passwords for any of your SNS Accounts.

• Profile Information. You have the option to provide additional information as part of your profile, some of which is personally identifying information, such as postal address, phone number, your time zone, a picture for your profile and a short description about yourself, but these items are not required. We also record and store information of your entertainment preferences during your workout, such as your music playlist, the TV channels you watch, including your favorite TV channels., and when you request to access the NetPulse Services.

• Calendar and Contacts. We access the Calendar and Contact applications on your device in order to fulfill certain requests such as scheduling events or referring a challenge or promotion to a friend.

• Your Fitness Activity. We collect information about your fitness activity and physical characteristics such as your home club, fitness facility membership ID, gender, date of birth, weight, the name of your trainer, workout schedule, favorite location for group classes, your workout data (such as the length and intensity of a workout, time of workout, equipment used, calories burned, distance, average speed) added manually by you, or received from the other 3rd party services connected to your account.

• Goals and Challenges Information. When you set your goals and/or join a challenge through the Netpulse Services, we record and store your goal information (name, type, requirement, status, progress) and challenge information (challenges joined, completed, ranking leaderboard including the user names of other competing users).

• Membership Verification. We collect barcode or other form of fitness facility membership verification needed for the purposes of allowing you to check-in at your fitness facility, check group class schedules, book a class, or get rewarded for in-club actions.

• Data Related to Rewards, Referrals, and Promotions. We collect information regarding deals you save, claim, and use, reward points you earn and spend, and the number of unique referrals you send.

• Job Applications. We collect data as necessary to consider you for a job opening if you submit an application to us, including your employment history, transcript, writing samples, and references.

• Communications. We collect the content of messages you send to us, such as feedback, questions, and information you provide to customer support.

• You may choose to voluntarily submit other information to us through the Netpulse Services that we do not request, and, in such instances, you are solely responsible for such information.

B. Information Collected Automatically

• We automatically collect information about your device and how your device interacts with the Netpulse Services. Some examples of information we collect include service use data (e.g., the features you use, the pages you visit, the emails and advertisements you view, the products you purchase, the time of day you browse, and your referring and exiting pages), device connectivity and configuration data (e.g., the type of device or browser you use, your device’s operating software, your Internet service provider, your device’s regional and language settings, and your device’s identifiers such as IP address, MAC address, and device advertising Id) and location data (e.g., latitude/longitude data or location derived from an IP address or data that indicates a city or postal code level).

• We use various current – and later – developed technologies to collect this information, including the following:

• Log Information. When you access the Netpulse Services, information generated during your session will be automatically recorded and stored on our servers. These server logs may include information such as the webpages you visit within the Netpulse Services, the content you access, the TV channels you watch and the date and time of your request to access the Netpulse Services.

• Cookies. We collect certain information through the use of “cookies,” which are small text files that are saved by your browser when you access the Netpulse Services. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Netpulse Services and to tell us how and when you interact with the Netpulse Services. We may also use cookies to monitor aggregate usage and web traffic routing on the Netpulse Services and to customize and improve the Netpulse Services. Additionally, cookies allow us to bring you advertising both on and off the Netpulse Services. Unlike persistent cookies, session cookies are deleted when you log off from the Netpulse Services and close your browser. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of the Netpulse Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own cookies on your browser. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties.

• Pixels. A pixel (also known as a web beacon) is code embedded in a website, video, email, or advertisements that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a website, video, email, or advertisement that contains a pixel, the pixel may permit us or a third party to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels from third parties that allow us track our conversions, bring you advertising both on and off the Netpulse Services, and provide you with additional functionality, such as the ability to connect the Netpulse Services with your social media account.

• Device Fingerprinting. Device fingerprinting is the process of analyzing and combining sets of information elements from your device’s browser, such as JavaScript objects and installed fonts, in order to create a “fingerprint” of your device and uniquely identify your device and apps.

• App Technologies. There are a variety of tracking technologies that may be included in our apps, and these are not browser-based like cookies and cannot be controlled by browser settings. For example, our apps may include third party SDKs, which is code that sends information about your use to a server, and is in effect the app version of a pixel. These SDKs allow us track our conversions, bring you advertising both on and off the Netpulse Services, and provide you with additional functionality, such as the ability to connect the Netpulse Services with your social media account.

• Location-Identifying Technologies. GPS, WiFi, Bluetooth, and other location-aware technologies may be used to collect precise location data when you enable location-based services through your device. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location.
Some information about your use of the Netpulse Services and third party services may be collected using tracking technologies across time and services and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Netpulse Services and third party services.
For further information on tracking technologies and your rights and choices regarding them, see the sections entitled “Third Parties” and “Your Rights and Choices” below.

C. Information From Other Sources

We also obtain information about you from other third party sources. To the extent we combine such third party sourced information with information we have collected about you through the Netpulse Services, we will treat the combined information in accordance with the practices described in this Privacy Policy, plus any additional restrictions imposed by the source of the data. These third party sources vary over time, but have included:

• Third party sources, such as connected third party fitness tracking apps, that provide activity and physical data about you if you provide permission for us to collect such information.

• Your third party fitness device (such as a wristband if you connect or pair your device to our Service.

• Clubs on whose behalf we provide services or who otherwise connect to the Netpulse Services.

• Fitness equipment tied to your activities.

• Social networks when you reference the Netpulse Services or grant permission to us to access your data on one or more of these services.

• Partners with which we offer co-branded services, sell or distribute our products, or engage in joint marketing activities.

For further information on third party services, see the section entitled “Third Parties” below.

2) INFORMATION USE

Netpulse processes your information for the purposes described in this Privacy Policy. In addition to the purposes stated elsewhere in this Privacy Policy, Netpulse uses information about you for our legitimate interests, including to:

• Manage the Netpulse Services, including your registration and account;

• Perform services requested by you, such as to respond to your comments, questions, and requests, and provide customer service;

• Ensure the technical functioning of the Netpulse Services;

• Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages;

• Protect the rights and property of Netpulse, third parties, or our users;

• Prevent and address fraud, breaches of policies or terms, and threats or harm;

• Audit, research and analyze in order to maintain, protect and improve the Netpulse Services, other Netpulse products, marketing efforts, and services, and the use of exercise equipment;

• Develop new services; and

• Develop and send you direct marketing, including advertisements and communications about our and third party products, offers, promotions, rewards, events, and services.

• We also use information about you with your consent, including to:

• Verify your eligibility and deliver prizes in connection with promotions you have entered;

• Develop and display customized content and advertising;

• Serve advertising tailored to your interests on the Netpulse Services and third party services; and

• Fulfill any other purpose disclosed to you and with your consent.

We may use information that does not identify you (including information that has been de-identified) without obligation to you except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see the section entitled “Your Rights and Choices” below.

3) INFORMATION SHARING

Netpulse shares your information as follows:

• Service Providers. We share your information with our agents, vendors, and other service providers for the purpose of processing information on our behalf. Service providers assist us with services such as payment processing, data analytics, marketing and promotional services, promotions, website hosting, and technical support. These parties are subject to appropriate confidentiality and security measures, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes.

• Clubs and Trainers. We share your information, including your name, email address, Netpulse Services account ID and workout data (such as the length and intensity of a workout, time of workout, equipment used, calories burned, distance, average speed), with the home club (where you work out) and trainers (who you work out with) you have designated. Where we act as a processor for club and trainer customers, we also share your information to facilitate your requests and otherwise comply with applicable law.

• Affiliates. We share your information with our related entities including our parent and sister companies. For example, we may share your information with our affiliates for customer support, marketing, and technical operations.

• Business Partners. We share your information with our business partners in connection with offering you co-branded services, selling or distributing our products, or engaging in joint marketing activities. For example, if you access the Netpulse Services via a Netpulse-powered third-party business partner website, that information may be shared with the Netpulse partner as well.

• Promotions. From time to time, you may enter into a challenge or promotion offered via the Netpulse Services. If you do, we will share your name, email address, Netpulse Services account ID and workout data (such as the length and intensity of a workout, time of workout, equipment used, calories burned, distance, average speed) with your home club where the challenge or promotion takes place, so your home club can properly administer the challenge or promotion.

• Third Parties. We share your information with third parties for purposes of facilitating your requests. For example, if you choose to connect your account in the Netpulse Services to other third-party and social networking sites and want to make your public information available on those third-party sites, you may request that we do so via the Netpulse Services. We also share your information in connection with tailoring advertisements, measuring and improving the Netpulse Services and advertising effectiveness and enabling other enhancements at your request.

• Merger or Acquisition. If Netpulse becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, your information may be transferred in connection with such transaction, in which case we will use commercially reasonable efforts to ensure the confidentiality of any information involved in such transactions and provide notice when your personal information becomes subject to a different privacy policy.

• Security or Compelled Disclosure. We share your information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Netpulse, its users or the public as required or permitted by law. We share your information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

• Consent. We share your information for any other purpose disclosed to you and where we have your consent.

• Without limiting the foregoing, we may share with third parties certain pieces of aggregated information that does not identify you, such as the number of users who viewed particular content, or the duration and intensity of a workout, for example, for industry analysis, demographic profiling and other similar research and marketing purposes. Please contact us as provided in the section entitled “Contact Us” below for any additional questions about the management or use of your information.

4. THIRD PARTIES

A. Third Party Services

The Netpulse Services may contain links to other websites and services. Any information that you provide on or to a third-party website or service, including but not limited to fitbit.com or mapmyfitness.com, is provided directly to the owner of the website or service and is subject to that party’s privacy policy. Our Privacy Policy does not apply to such websites or services and we’re not responsible for the content, privacy or security practices and policies of those websites or services. To protect your information we recommend that you carefully review the privacy policies of other websites and services that you access.

B. Linking to Your Accounts on Third-Party Services; Sharing Via Social Media

If you choose to connect your Netpulse account with your accounts on other websites, including social media websites, some or all of your public information may be shared with the applicable third party service through this connection. Further, we may offer our content on social networks such as a Facebook and Twitter. Any information you provide to us when you engage with our content (such as through our brand page) is treated in accordance with this Privacy Policy. Also, if you publicly reference the Netpulse Services on a third party service (e.g., by using a hashtag associated with Company in a tweet or post), we may use your reference on or in connection with the Netpulse Services.

C. Analytics and Interest-Based Advertising

The Netpulse Services contain tracking technologies owned and operated by third parties. For example, we use tracking technologies from third party data analytics providers, such as Google Analytics, to help us analyze your use of the Netpulse Services, compile statistic reports, and provide us with other services relating to Network Services activity and Internet usage. We also use numerous third parties to serve the advertisements on the Netpulse Services and/or on third party services. Some of these companies and advertisers may place and access their cookies and tracking technologies on your device in order to track your activities across time and services for purposes of associating different devices you use, and delivering relevant ads and/or other content to you on the Netpulse Services and third party services after you have left the Netpulse Service (“Interest-based Advertising”). Other companies’ use of their cookies and tracking technologies is subject to their own privacy policies, not ours. We do not share your personally identifiable information with any advertisers. However, we do use your information or allow advertisers or companies that serve advertisements access to your information so we and they can deliver promotional materials that are more relevant to you. This information includes your IP address, device information, demographic information, geographic location, what content you access on our site, how you rate various content, and language contained in your comments.

For further information on tracking technologies and your rights and choices regarding them, please see the sections entitled “Information Collected Automatically” above and “Your Rights and Choices” below. Also, to learn more about some of the specific tools we use, please visit our page on Tracking and Remarketing Tools.

5. YOUR RIGHTS AND CHOICES

A. Access and Deletion of Account Information

When you use the Netpulse Services, we make good reasonable efforts to provide you with access to information you have submitted to us through your account and either to correct this information if it is inaccurate or to delete information at your request if it is not otherwise required to be retained by law or for legitimate business purposes. Please feel free to let us know if you would like your information corrected or removed by emailing us as set forth in the section entitled “Contact Us” below. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. California residents and data subjects in Europe have additional rights as set forth in the sections entitled “Your California Privacy Rights” and “Your European Privacy Rights” below.
You may withdraw consent for certain types of data collection through your account’s privacy settings at any time. However, please note that sometimes withdrawing consent may prevent you from using the functions of the applications to their full extent.

You can permanently delete your account through your account settings or by sending us an email to us as set forth in the section entitled “Contact Us” below. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law. Please note that we can only delete your information within the Netpulse Services. The information you have shared on 3rd party sites and services, such as your fitness progress shared on Facebook, is not stored in your account with us, even though you share it through Netpulse Services. Therefore this information will remain on those 3rd party sites and services even after you unsubscribe from us.

B. Profile Privacy Settings

• Public. You can choose to make information about your activities and achievements via the Netpulse Services available to some other members of Netpulse Services. By choosing to share that information, you are making your information “public” within the Netpulse Services. Only people who are Netpulse members will be able to view, and make comments about, your public information via the Netpulse Services (unless you otherwise share it), although we cannot control if other users or third parties make it public outside the Netpulse Services. Your public information includes: your name, gender, profile picture, home club, your activities (such as workout types, challenges or goals), your achievements (such as workout duration, goals met or challenges completed), your favorites (such as your favorite workout routine or music to listen to during workout), and other users’ comments.

• Private. If you do not want to share your information with other members of Netpulse Services, you can simply select to make your information “private.” This setting will not allow other members to view your information.

C. Tracking Technology Choices

• Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.

• App Technologies. You can reset your device advertising Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. For information on how to do this on Apple devices, click here. For information on how to do this on Android devices, visit Google.com. You can stop all collection of information via an app by uninstalling the app.

• Location-Identifying Technologies. The location data collected through an app depends on your device settings and app permissions. You can exercise choice over the location data collected through our apps by (i) for GPS data, disabling location in your device settings or disabling location permissions to that app; (ii) for Bluetooth data, disabling Bluetooth and any Bluetooth scanning option in your device settings; or (iii) for WiFi data, disabling WiFi and any WiFi scanning option in your device settings. You can stop collection of all location data via an app by uninstalling the app.

• Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” click here.

Please be aware that if you disable or remove tracking technologies some parts of the NetPulse Services may not function correctly.

D. Analytics and Interest-Based Advertising.

You can opt-out of your data being used by Google Analytics through cookies by clicking here and downloading the Google Analytics Opt-out Browser Add-on.

Some of the third parties that collect information from or about you on the Netpulse Services in order to provide more relevant advertising to you participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising.

To learn more about the DAA and your opt-out options for their members, please visit:

• For website opt-out, click here.

• For mobile app opt-out, click here.

• In addition, some of these third parties may be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, please click here.

• You can also visit the EU online choices page here.

• Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out.

Further, opting-out only means that the selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

E. Notifications Preferences Management

The best way to stay on top of own fitness activity progress and the latest fitness facility news and announcements is via email and push notifications. We may email you newsletters, your fitness activity progress and other information that may be of interest to you. You can manage your email preferences through your account settings at any time or by following the instructions as provided in emails to click on the unsubscribe link or emailing us at the email address set forth in the section entitled “Contact Us” below.

We may also send you push notifications to your mobile device with different fitness facility’s news and announcements, and fitness progress follow-ups and reminders. You can manage your notifications through your device setting any time or by emailing us at the email address set forth in the section entitled “Contact Us” below.

Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or our ongoing business relations.

F. Your California Privacy Rights

California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.

Netpulse may share personal information as defined by California’s “Shine the Light” law with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please contact us as set forth in the section entitled “Contact Us” below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Netpulse is not required to respond to requests made by means other than through the provided email address or mail address.

Any California residents under the age of eighteen (18) who have registered to use the Netpulse Services and posted content or information on the Netpulse Services, can request that such information be removed from the Netpulse Services by sending an email to the email address set forth in the section entitled “Contact Us” below. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.

G. Your European Privacy Rights

If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Netpulse Service. You also have the right to data portability, right to be forgotten, and the right to restrict or object to our processing of personal data we have collected about you through the Netpulse Service. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.

To exercise any of these rights, contact us as set forth in the section entitled “Contact Us” below and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Further, if we are processing your information on behalf of one of our customers, we will refer you to that customer, and will support them to the extent required by applicable law in responding to your request. Please note that we store information as necessary to fulfil the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority.

6. INFORMATION SECURITY

We take reasonable and appropriate security measures designed to protect the information we collect from or about you against unauthorized access, use, alteration, disclosure or destruction. Data is stored until the user explicitly requests the erasure of his/her account data stored on our servers or until the legal basis for the processing of the data is no longer valid. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

7. INTERNATIONAL TRANSFER AND PRIVACY SHIELD

We are based in the United States and the information we collect is governed by United States law. Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your information to us, we may transfer that information to the United States and other jurisdictions and process it there. Your use of the Netpulse Services or provision of any information represents your agreement to that transfer and processing. If your data is collected in Europe, we will transfer your personal data subject to appropriate or suitable safeguards, such as the Privacy Shield Framework discussed below and/or standard contractual clauses.

The United States Department of Commerce has worked with the European Commission to develop the EU-U.S. and Swiss-U.S. Privacy Shield to allow U.S. companies to meet the EU and Swiss law requirements that personal data transferred from the European Union to the United States and from Switzerland to the United States be adequately protected. Netpulse will comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework regarding the collection, use, and retention of personal data from the European Union and Switzerland to the United States, respectively. Netpulse will certify that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability.

In accordance with our obligations under Privacy Shield, and subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission, we hereby affirm our commitment to subject to the Privacy Shield Principles all personal data transferred from the European Union and Switzerland to the United States in reliance on Privacy Shield. This means that, in addition to our other obligations under the Privacy Shield Principles, we shall be liable to you for any third party agent to which we transfer your personal data and that processes such personal data in a manner that violates the Privacy Shield Principles, unless we can demonstrate that we are not responsible for the resulting damages.

Any questions or concerns regarding our compliance with Privacy Shield should be directed to us at the address set forth in the section entitled “Contact Us” below. For complaints that cannot be resolved between us and you directly, you may file a complaint, at no cost to you, with our independent dispute resolution provider Whistic here. In the event there are residual complaints that have not been resolved by Whistic, you can invoke binding arbitration in accordance with the Privacy Shield Principles.

To learn more about the Privacy Shield Framework, and to view our certification page, please visit this link.

8. OUR POLICY TOWARD CHILDREN

The Netpulse Services are not directed to people under 13 and we do not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) from children under 13. If we learn that we have collected personal information of a child under 13 we will take steps to delete such information from our files as soon as possible.

9. CHANGES TO THIS PRIVACY POLICY

Please note that this Privacy Policy may change from time to time, and you should review it periodically. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our services indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice to your email address.

10. DATA CONTROLLER

EU data protection law makes a distinction between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). Netpulse may act as either a controller or a processor in respect of your personal data, depending on the circumstances. Netpulse, Inc., located at the address in the section entitled “Contact Us” below, is the controller with respect to information you provide through the Netpulse Services.

Sometimes Netpulse operates as a processor on behalf of a customer, a separate legal entity, which is the controller. For example, Netpulse provides technology for clubs and trainers to provide you with their own apps and fitness tracking. In such circumstances, Netpulse processes personal data on behalf and at the instruction of its customers. Please visit the applicable customer’s privacy policy for information about their privacy practices. Any questions that you may have relating to such personal data and your rights under data protection law should therefore be directed to the customer as the controller, not to Netpulse.

11. CONTACT US

Please feel free to direct any questions or concerns regarding this Privacy Policy or Netpulse’s data practices by contacting us at:

• Privacy Matters US - c/o Netpulse, 560 Fletcher Drive, Atherton, CA 94027, privacy@netpulse.com

• For EU-specific Requests - Privacy Matters UK, c/o Netpulse, Global House, 1 Ashley Ave, Epsom KT18 5AD, UK, privacy@netpulse.com

FAQ | Copyright Policy | Privacy Policy EU-U.S. and Swiss-U.S.

Privacy Shield Terms of Use Language: English 

TERMS OF USE (Last Updated: 8/17/2017)

Welcome to the Wichita YMCA App! This mobile device application (the “App”) is made, owned and operated by Netpulse, Inc. (“Netpulse”, which term will include affiliates of Netpulse, Inc.) on behalf of Wichita YMCA.

Please read these Terms of Use (the “Terms”) carefully because it is an agreement between you and Netpulse and governs your use of our website located at www.netpulse.com and any related domains or subdomains (collectively, the “Site”), our personalized entertainment and workout tracking services accessible via the Site and via use of exercise equipment that contains Netpulse-enabled content or controls, to the extent that such use relates to hardware, software or services provided by Netpulse, and our mobile device application (“App”). The Site, our services and App are collectively called the “Netpulse Services”.

Acceptance of Terms

By accessing and using the Netpulse Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms and our Privacy Policy, do not use the Netpulse Services.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site, the App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Netpulse Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Netpulse Services anymore.

Netpulse is always striving to make the Netpulse Services better and because the Netpulse Services are evolving over time, Netpulse may change, add new features, or discontinue all or any part of the Netpulse Services. This change may happen at any time and without notice.

Registration and Account Information

You represent that you are (a) 18 years or older with the legal capacity to form a binding contract and be subject to these Terms under the laws of any applicable jurisdiction, and (b) not barred from using the Netpulse Services under applicable law.

If you want to use certain features of the Netpulse Services you’ll have to create an account. You can do this via the Site or through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll create your account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

You also agree that you will provide true, accurate, current and complete information for your account as prompted by the Netpulse Service’s registration form, with updates, as applicable. If you provide any information that is untrue, inaccurate, not current or incomplete, or Netpulse has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Netpulse has the right to suspend or terminate your account and refuse to provide you any further access to any portion of the Netpulse Services.

You are responsible for maintaining the confidentiality of the password and account name or ID you register under, and are fully responsible for all activities that occur under your account. Netpulse is not liable for any failure on your part to comply with the foregoing. You agree to immediately notify Netpulse of any unauthorized use of your password or account or any other breach of security.

Health Disclaimer

The Netpulse Services and the Site may provide physiological data about your body along with information, applications and content published over the Internet and are intended only to assist our users with respect to the users’ personal health, fitness and wellness efforts. Netpulse is not a medical organization and Netpulse does not and cannot give you medical advice or diagnoses. Nothing transmitted or contained in the Netpulse Services, the Site or through the network of content and exercise-related information provided by Netpulse (“Netpulse Network”) should be construed as medical advice or a diagnosis. Any data or reports generated through use of the Netpulse Services should not be interpreted as a substitute for physician consultation, evaluation, or treatment. Netpulse urges you to seek the advice of a qualified physician before beginning any health, fitness & wellness related effort or regimen.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Netpulse Services; and (ii) “User Content” means any Content that Netpulse account holders (including you) provide to be made available through the Netpulse Services. Content includes without limitation User Content.

Netpulse does not claim any ownership rights in any User Content that you make available through the Netpulse Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Netpulse and its licensors exclusively own all right, title and interest in and to the Netpulse Services and Content, including all associated intellectual property rights. You acknowledge that the Netpulse Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the

Netpulse Services or Content.

By making any User Content available through the Netpulse Services you hereby grant to Netpulse a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify (formatting purposes only), publicly display, publicly perform and distribute your User Content in connection with operating and providing the Netpulse Services and Content to you and to other Netpulse account holders.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Netpulse Services, nor any use of your User Content by Netpulse on or through the Netpulse Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Subject to your compliance with these Terms, Netpulse grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the Content solely in connection with your permitted use of the Netpulse Services and solely for your personal and non-commercial purposes.

Conduct

You understand that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such User Content originated. You understand that by using the Netpulse Services, you may be exposed to Content that is offensive or objectionable. Under no circumstances will Netpulse be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Netpulse Services.

We ask that you respect the Netpulse community of users and our desire for all users to feel safe when using the Netpulse Services, including any Content. Accordingly, you agree you will not use the Netpulse Services to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

2. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party;

3. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

4. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Netpulse Services or the Netpulse Network;

6. upload, post, email, transmit or otherwise make available any material that contains software viruses, “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

7. interfere with or disrupt the Netpulse Services or servers or networks connected to the Netpulse Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Netpulse Services, including using any device, software or routine to bypass our robot exclusion headers;

8. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

9. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.;

10. “stalk” or otherwise harass anyone; and/or

11. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 10 above.

Although Netpulse is not obligated to monitor access to, or use of, the Netpulse Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Netpulse Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. Netpulse reserves the right, but is not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. Netpulse has the right to investigate violations of these Terms or conduct that affects the Netpulse Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

You acknowledge, consent and agree that Netpulse may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms (iii) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Netpulse, its users or the public.

You understand that the Netpulse Services and software embodied within the Netpulse Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Netpulse and/or content providers who provide Content to the Netpulse Services. You may not attempt to override or circumvent any of the usage rules embedded into the Netpulse Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Netpulse Services, in whole or in part, is strictly prohibited.

Rights and Terms for Apps

Subject to your compliance with these Terms, Netpulse grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. If you would like to install the App on any additional device of yours, you will need to download the App again for the additional device. Netpulse reserves all rights in and to the App not expressly granted to you under these terms.

Additional Terms for App Store Apps

If you download the App through or from any app store or distribution platform where the App is made available (each, an “App Provider”), then you acknowledge and agree that:

1. These Terms are concluded between you and Netpulse, and not with the App Provider, and that Netpulse (not the App Provider), is solely responsible for the App.

2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.

3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Netpulse.

4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

5. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Netpulse will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

6. The App Provider and its subsidiaries are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.

7. You must also comply with all applicable third party terms of service when using the App.

8. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.

Interstate and International Nature of the Netpulse Services

You acknowledge that in using the Netpulse Services you will be causing communications to be sent through Netpulse’s computer networks, portions of which are located in California and other locations in the United States and portions of which may be located abroad. As a result, and also as a result of Netpulse’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of the Netpulse Services results in interstate data transmissions.
Contributions to Netpulse

Netpulse welcomes feedback, comments, ideas, and suggestions for improvements to the Netpulse Services (“Contributions”). You can submit Contributions by emailing us. By submitting Contributions to Netpulse, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Netpulse is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Netpulse will be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Netpulse may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Netpulse without any obligation of Netpulse to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Netpulse under any circumstances.

You hereby assign and agree to assign any rights you may have in your Contributions to Netpulse.

DMCA/Copyright Policy

Netpulse respects copyright law and expects its users to do the same. It is Netpulse’s policy to terminate in appropriate circumstances Netpulse account holders who repeatedly infringe the rights of copyright holders. Please see Netpulse’s Copyright and IP Policy for further information.

Indemnity

You agree to indemnify, defend and hold Netpulse and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the Netpulse Services or Content, your User Content, your violation of these Terms, or your violation of any rights of another.

Advertisers

Your dealings with, or participation in promotions of, advertisers or other third parties found on or through the Netpulse Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party. You agree that Netpulse will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with advertisers or third parties, or as the result of the presence of such advertisers on the Netpulse Network or through the Netpulse Services.

Links to Third Parties

The Netpulse Services may contain links to third-party websites or resources. Netpulse provides these links only as a convenience. You acknowledge and agree that Netpulse is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources and agree that Netpulse will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, goods or services available on or through any such website or resource.

Termination

We may terminate your access to and use of the Netpulse Services or deactivate or cancel your account, at our sole discretion and without liability to you. You may cancel your Account at any time via the “Cancel Account” feature of the Services or by sending an email to us. Upon any termination, discontinuation or cancellation of Netpulse Services or your account, the following provisions of these Terms will survive: sections 4, 6 (with respect to parts of your User Content which won’t be deleted as noted in Section 6), 10, 12, 14, 16, 17, 18, 19, 20, 21 and 23.

Netpulse’s Proprietary Rights

You acknowledge and agree that the Netpulse Services, any necessary software used in connection with the Netpulse Services and Netpulse Network (“Software”) and Content provided through the Netpulse Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Netpulse Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Netpulse or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Netpulse Services, such Content or the Software, in whole or in part.

Netpulse grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Netpulse Services.

You agree that all of Netpulse’s trademarks, trade names, service marks and other Netpulse logos and brand features, and product and service names (collectively, “Netpulse Marks”) are trademarks and the property of Netpulse Inc. Without Netpulse’s prior permission, you agree not to display or use in any manner the Netpulse Marks.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE NETPULSE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE NETPULSE SERVICES, CONTENT, THE NETPULSE NETWORK AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NETPULSE AND OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

2. NETPULSE AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE NETPULSE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE NETPULSE SERVICES, NETPULSE NETWORK OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NETPULSE SERVICES, CONTENT, THE NETPULSE NETWORK OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NETPULSE SERVICES OR THE NETPULSE NETWORK WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NETPULSE SERVICES, THE NETPULSE NETWORK OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NETPULSE OR THROUGH OR FROM THE NETPULSE SERVICES OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETPULSE AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, THE COST OF SUBSTITUTE SERVICES OR OTHER INTANGIBLE LOSSES (EVEN IF NETPULSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE NETPULSE SERVICES, CONTENT OR THE NETPULSE NETWORK; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NETPULSE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE NETPULSE SERVICES.

2. IN NO EVENT WILL NETPULSE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE Terms OR FROM THE USE OF OR INABILITY TO USE THE NETPULSE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO NETPULSE FOR USE OF THE NETPULSE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NETPULSE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NETPULSE AND YOU.

Exceptions to Disclaimers and Limitations

1. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and Netpulse agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Netpulse Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Netpulse are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Netpulse otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available here or by calling the AAA at ‪1-800-778-7879‬.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration here and a separate form for California residents here.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Netpulse otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Netpulse submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Netpulse will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Netpulse will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Netpulse changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Netpulse’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Netpulse in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Notice

Netpulse may provide you with notices under these Terms, including those regarding changes to these Terms, including by but not limited to postings on the Netpulse Services, email, SMS, MMS, text message, regular mail or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these Terms by accessing the Netpulse Services in an unauthorized manner. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

Entire Agreement. These Terms constitutes the entire agreement between you and Netpulse and governs your use of the Netpulse Services, superseding and replacing any and all prior oral or written understandings or agreements between you and Netpulse with respect to the Netpulse Services and Content. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Netpulse services, affiliate services, third-party content or third-party software, or communicate with third parties such as advertisers

Choice of Law and Forum. You and Netpulse each agree that these Terms and the relationship between the parties will be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and Netpulse, will be brought exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and Netpulse agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

• Waiver and Severability of Terms The failure of Netpulse to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Netpulse. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

• Remedies. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

• No Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Netpulse’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Netpulse may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

• No Right of Survivorship and Non-Transferability. You agree that your Netpulse account is non-transferable and any rights to your Netpulse account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

• Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Netpulse Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of these Terms to Netpulse at privacy@netpulse.com.

Contact Information

If you have any questions about these Terms or the Netpulse Services, please contact Netpulse at: Netpulse, Inc., 560 Fletcher Drive, Atherton, CA 94027, support@netpulse.com.

FAQ | Copyright Policy | Privacy Policy EU-U.S. and Swiss-U.S.

Privacy Shield Terms of Use Language: English 

YMCA members and community participants are required to have their photo taken to ensure safety and security for all. Members are required to check-in by entering their electronic membership code or scan in using the app each visit to verify current membership, and community participants must sign a non-member liability waiver on each visit.

UPDATED - 4/2023

The YMCA is an inclusive, family-friendly organization. We expect all members and guests to model four core values—caring, honesty, respect and responsibility—in their conduct, language (including digital and social media communications) and attire. The YMCA reserves the right to suspend/cancel membership, end program participation, and remove visitation access if actions or behaviors are not deemed in the best interest of the organization.

UPDATED-4/2023

The YMCA is a family-friendly facility; please dress appropriately. Athletic shoes must be worn on wood floors. Proper swimsuits must be worn in pool areas. Open-toed shoes are prohibited in the fitness centers.

UPDATED - 06/07/19

The Y uses these measures and more to ensure your safety on-site:

• AEDs (automatic external defibrillators) and O2 (oxygen) tanks
• Staff certified in CPR, First Aid, AED and O2
• Nationally certified lifeguards on duty
• Indoor and outdoor security cameras
• Free lock boxes for your personal items
• Frequent and random walk-thrus of locker rooms and key areas
• Background checks conducted on all Y staff and volunteer coaches before allowing them to work with children
• Sex offender screenings on all members, participants and guests
• Escorts, upon request, to vehicles in our parking lots

UPDATED - 06/07/19

Personal and group training are a member service. Outside trainers are not allowed in YMCA facilities.

UPDATED - 4/2023

CLIMBING/BELAYING RULES 

• All climbers should be familiar with the equipment, techniques & wall safety before climbing.
• Everyone using the wall must sign a waiver before climbing. Any climber under the age of 18 must have a waiver signed by a parent or legal guardian. 
• You must be 4 years of age or older to climb..
• Belay Certified - Climbers must have completed YMCA Belay Certification to check out equipment and belay other climbers.  Climbers must be 15 yrs. old to check out belay equipment. Members between the ages of 11-14 who are Belay Certified must be directly supervised at all times by a Belay Certified Adult (18 yrs old or older).  
• Belayers are required wear their YMCA Belay Card while belaying. Belay Cards are valid for one calendar year and must be renewed annually. Belayers must belay from their harness, not from the floor anchor. 
• Auto Belay Certified – Climbers must have completed YMCA Auto Belay Certification to check out climbing harnesses and use the Auto Belay equipment.  Climbers must be 15 yrs. Old to check out belay equipment.  Members between the ages of 11-14 who are Auto Belay Certified must be directly supervised at all times by an Auto Belay Certifie3d Adult (18 yrs old or older).
• Floor anchors are provided for each rope for the convenience of the belayer, and must be used when belaying someone significantly heavier than oneself. 
• No running allowed in the climbing or bouldering areas. 
• Stay seated on bench while waiting to climb or observing climbers.
• All climbers must wear appropriate footwear. Open toe, open heal, or hard sole shoes are not allowed. No barefoot climbing.  No climbing in wet clothes.
• Use only holds on wall for climbing. Do not touch exposed metal, belay bars, clips, etc. 
• Climbers must stay “on route” while climbing due to the dangerous swing factor caused by climbing “offroute”.
• Helmets are available for climbers 
• No solo climbing (bouldering) above 4 foot line 
• No sitting down or lying down while belaying 
• All accidents and equipment damage must be reported immediately 

BOULDERING RULES 

For your safety and enjoyment please remember: 

• The YMCA recommends using a least one spotter when bouldering 
• Boulder within your personal limits; climber’s feet must stay below the blue 4 foot line. 
• Children 8 and under must be supervised and spotted by their parents/chaperones in the bouldering area. Children should stay well below the 4 foot line. 
• No “topping out” (climbing on top of bouldering area) 
• Yield to roped climbers and show courtesy to others bouldering. 
• Never boulder under a climber 

Participants found to be belaying, climbing or bouldering in an unsafe manner will be asked to leave the wall. Infractions can result in loss of Belay Card and/or suspension of climbing privileges.

DAY PASS/GUEST POLICY

• YMCA membership is not required to access a Greater Wichita YMCA location. An individual or family day pass may be purchased to gain access to recreational Y activities. You must be age 18 or older to purchase a pass, unless you are a guest accompanied by an adult YMCA member.
• Non-members/guests will be required to provide a photo I.D. and sign a liability waiver upon their first visit to any Greater Wichita YMCA location. This waiver gives the YMCA permission to conduct a sex offender registry (SOR) check on each visitor. YMCA members accept responsibility for and must remain on site with any guests.

GENERAL RULES

• Children under age 8 must be accompanied by and within arm’s reach of an adult (age 18 or older) at all times.
• An adult may accompany no more than 3 children under age 8.
• NO RUNNING on pool deck. NO DIVING from side of pool.
• Swimmers MUST take a shower before entering the pool. 
• Only air filled flotation devices provided by the YMCA are allowed.
• U.S. Coast Guard approved life jackets are permitted. YMCA life jackets are available for small children.
• Swimmers must wear appropriate swimsuits. No jewelry or suits with zippers, rivets or other damaging objects allowed on slides.
• Children not potty-trained MUST wear a swim diaper while in the pool. 
• Persons with a contagious disease, open sores, infectious conditions are prohibited from swimming.
• No smoking, tobacco or alcohol is allowed. Individuals under the influence of drugs or alcohol are not permitted.
• No glass of any kind is allowed.
• Only small soft-sided personal coolers are allowed
• Keep all food and drink in designated areas.
• This is a family friendly facility, please no intimate contact. 
• Abusive, foul or racial remarks are prohibited.

WATERPARK CLOSING POLICY

• Pool may be closed at any time due to weather or temps below 80º.
• Follow us on social media for updates.

*BODY SLIDE 

• Rider must be 48 inches tall.
• One rider allowed on the slide at a time.
• Rider must remain feet first and on his/her back at all times.
• Promptly exit splashdown area at nearest ladder.
• No swimsuits with exposed rivets or damaging objects allowed. All damaging objects must be removed or covered.
• No swimming allowed in the splashdown area. 
• No catching riders at the bottom of the slide.

CLIMBING WALL

• Climber must be able to swim and may be asked to perform a swim test.
• One climber on the wall at a time. 
• Climber must wait for lifeguard to signal to begin climbing.
• No goggles, masks or flotation devices allowed in the diving well area.
• Promptly exit water at nearest ladder after climbing. 

DIVING BOARD

• Diver must be able to swim and may be asked to perform a swim test.
• One diver on board at a time. Diver must walk to the end of the board and dive or jump straight off the end.
• Single bounce dives only. No back dives, flips or back jumps allowed.
• No goggles, masks or flotation devices allowed in the diving well area.
• Promptly exit diving well at nearest ladder after diving. 

*DROP SLIDE

• Rider must be 48 inches tall.
• Rider must be able to swim and may be asked to perform a swim test.
• One rider on slide at a time.
• Rider must remain feet first on his/her back at all times.
• Promptly exit splashdown area at nearest ladder.
• No swimsuits with exposed rivets or damaging objects allowed. All damaging objects must be removed or covered.

LAZY RIVER

• Rider must be 8 years old to ride without an adult.
• Only YMCA provided tubes allowed in the river.
• Enter and exit the river at the designated area.
• Rider must remain on the tube at all times unless an adult is walking with the tube to assist a small child.
• No swimming in river.

LILY PAD AREA

• Users must be able to grasp the cargo net bar with both hands from a flat footed position.
• Must use cargo net when crossing lily pads.
• No jumping from pad to pad.
• Promptly exit splashdown area.

*TUBE SLIDE

• Rider must be 48 inches tall.
• Only YMCA provided tubes allowed.
• One rider per single tube. No double tubes permitted. 
• Rider must remain seated and facing forward at all times.
• Promptly exit splashdown area. 
• No swimsuits with exposed rivets or damaging objects allowed. All damaging objects must be removed or covered.

WATER BASKETBALL

• No dunking or hanging on rim/net.
• Players must play from in the water.

WAVE POOL 

• Only YMCA provided tubes allowed in the wave pool.
• Do not hold onto walls or other swimmers while waves are in motion. 
• Body surfing and wave diving is not allowed in shallow end.
• Do not enter wave pool using side ladders.
• No jumping from deck into flotation devices.
• U.S. Coast Guard approved life jackets are permitted. YMCA life jackets are available for small children.

 

*NOTICE OF INJURY pursuant to K.S.A. 40-4801(3)(a) 

It is your duty to file a written report of any injury sustained, by you or a child in your care, during the use of any amusement ride. Before you leave the premises, notify any Greater Wichita YMCA lifeguard of said injury. The lifeguard will assist you in filing an incident/accident report.

Court reservations may be made no earlier than one day in advance. Courts will be held no longer than ten minutes past reserved time. Eye protection is strongly recommended. Racquetball equipment is available upon request.

UPDATED - 06/07/19

MEMBER children may use the facilities in the following ways:

• Ages 0-7 Children must be accompanied and supervised by a parent/adult (age 18+) at all times, unless the child is in an organized program.
• Ages 8, 9 Children must have a parent/adult (age 18+) on site at all times, unless the child is in an organized program. Unstructured activities available vary by location and may include free-play basketball, swimming, bouldering and family centers. See each YMCA’s Gym, Pool, and Climbing Schedules for open times.
• Ages 10-12 Children are allowed to use facilities without on-site parental/adult supervision. Unstructured activities are listed below. When accompanied and supervised by a parent/adult, children ages 9-12 may use the indoor track, most adult fitness equipment and participate in adult group exercise classes.
• Ages 13-17 Teens may participate in group exercise classes and use the indoor track and adult fitness centers. Adult fitness center access may be limited during busy times. Additional age restrictions apply to treadmill use.

UPDATED 4/2023

For your safety, unless in an organized, supervised program such as swim lessons, children ages 0-7 must be accompanied by and within arms reach of a parent/adult (age 18+) at all times when using a Greater Wichita YMCA swimming pool. The ratio of children (ages 0-7) to adults (age 18+) should not exceed 3:1 in non-program activities.

UPDATED - 06/07/19

Major maintenance in our facilities requires that we close certain areas for extended periods of time, during which time members may continue to use other areas of the facility or another YMCA location.

UPDATED - 06/07/19

The Greater Wichita YMCA does not provide accident insurance for injuries sustained during YMCA activities. Members and community participants participate in programs and use the facility at their own risk, and are encouraged to have personal medical insurance coverage.

UPDATED - 06/07/19

Free lock boxes are available for securing small items during YMCA visits. Lockers for larger items are also available. Members and guests should provide their own shim-proof lock or padlock for locker use. Locks must be removed daily from free day-use lockers. Locks left on overnight will be removed and contents placed in the Lost and Found. Small lockers are available for monthly rent. Padlocks are available for purchase at the Member Service Desk.

UPDATED - 06/07/19

The Greater Wichita YMCA is not responsible for lost or stolen items. Lost and found items are kept for one week. Inquiries about lost items must be made in person; items not claimed after one week will be donated to a local charity.

UPDATED - 06/07/19

Use of tobacco products, vaping and/or smoking is prohibited in all YMCA facilities and on all YMCA grounds.

UPDATED - 4/2023

Use of electronic devices, cameras or video recording devices is prohibited in ALL locker rooms and restrooms.

UPDATED - 06/07/19

By using The Greater Wichita YMCA Guest Wi-Fi internet service, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer.

Accordingly, you agree that the Greater Wichita YMCA is NOT liable for any interception or transmissions, malware or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.

Use of the wireless network is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, the Greater Wichita YMCA reserves the right to permanently disconnect the offending device from the network.

Examples of Illegal Uses
The following are representative examples only and do not comprise a comprehensive list of illegal uses:

1. Spamming / Invasion of Privacy - Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's privacy.
2. Intellectual Property Right Violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
3. Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate/circumvent security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
4. The transfer of technology, software, or other materials in violation of applicable export laws and regulations.
5. Exporting Control Violations
6. Commissioning of Crimes - Using the Service in violation of applicable law and regulation, including, but not limited to; advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services, distribution of pornographic materials to minors, possessing or trafficking of child pornography, and more.
7. Uttering Threats

Examples of Unacceptable Uses
The following are representative examples only and do not comprise a comprehensive list of unacceptable uses:

1. High bandwidth operations, such as large file transfers and media sharing with peer-to-peer programs (i.e. torrents)
2. Obscene or indecent speech or materials
3. Defamatory or abusive language
4. Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
5. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
6. Facilitating a Violation of these Terms of Use
7. Hacking
8. Distribution of Internet viruses, Trojan horses, Malware, or other destructive activities
9. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment.
10. Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these Terms of Use, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
11. The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.
12. Seeking information on passwords or data belonging to another user.
13. Making unauthorized copies of proprietary software, or offering unauthorized copies of proprietary software to others.
14. Intercepting or examining the content of messages, files or communications in transit on a data network.

UPDATED - 06/07/19

The security policy stated herein does not apply to any third-party content or web sites linked to from www.ymcawichita.org. Always be cautious when submitting personal information online. Youth under 18 years of age should not give out any personal information without parental permission.

• Payment: YMCA provides a secure website for registration and payments, certified by VeriSign, Inc. In addition, the Y does not store your credit card or debit card information or bank account information on our website. In order to complete a transaction, credit card and/or bank information will need to be entered each time you register for a program or membership.
• Privacy: The Greater Wichita YMCA is committed to providing the highest level of security to members and program participants. The Y has established and maintains reasonable security procedures to protect the confidentiality, security and integrity of your personally identifiable information, including the use of secure socket layer (SSL) and encryption methods. We regularly evaluate our data collection, storage and processing practices and security to guard against unauthorized access to our systems. YMCA does not sell personal information and all confidential information, including both digital content & hard copies, is kept secure.
• Sharing of Information: The YMCA will never sell or rent your personal information to third parties for their use without your consent. We may disclose your personal information to courts, law enforcement or legal authorities when such disclosure is necessary or advisable under subpoena, court order, legal action, or to ensure the safety and/or legal rights of persons or property related to the YMCA.
• Email: YMCA collects email addresses to communicate electronically with members and participants. If you do not wish to receive email communications from the YMCA, choose the "unsubscribe" option when you receive your first email.
• Social Media: YMCA maintains a variety of social media sites where community discussion and interaction are welcomed. All who participate agree to conduct themselves according to Y core values of caring, honesty, respect, and responsibility.
• Cookies and Online Advertising: YMCA uses cookies, pixels and other technology to keep track of online interactions with our site and connect you to additional YMCA resources. Information gathered through these technologies is not linked to any personal identifying information, unless you become a paying customer. You have the ability to accept or decline cookies by modifying the settings in your browser (note: this may limit your access to some areas within our site). You can opt-out of online advertising technologies by visiting the privacy policies on the websites of our ad management partners: Facebook Inc., LinkedIn Corporation, and Google Inc.

The security policy stated herein does not apply to any third-party content or web sites linked to from www.ymcawichita.org. Always be cautious when submitting personal information online. Youth under 18 years of age should not give out any personal information without parental permission.

Because the Y’s committed to quality programs, our employees are experts in their fields, receiving certifications and specialized training in everything from personal training, nutrition, wellness, group exercise, swim instruction, life guarding, group leadership, child abuse detection, safety, and much more.

All Greater Wichita YMCA or YMCA-sponsored activities carry an inherent risk. Prior to participating in YMCA activities, participants and/or their parent/legal guardian must read, understand and agree to the YMCA’s complete Release and Waiver of Liability agreement. This includes members, service users, and facility guests, without exception. Participants also agree to follow the Greater Wichita YMCA’s core values, sportsmanship standards, and all guidelines, and to give the Greater Wichita YMCA and local media permission to use photographs or videos of them or their legal dependents in promotional/educational materials.

UPDATED - 06/07/19

The Greater Wichita YMCA conducts regular sex offender screenings on all members, participants, volunteers, and guests prior to admission to facilities. If a sex offender match occurs, the YMCA reserves the right to cancel membership, end program participation, and remove or refuse visitation access.

UPDATED - 06/07/19