ANGEION CORPORATION
TERMS AND CONDITIONS FOR USE OF ENEWLEAF WEBSITE

Angeion Corporation (“Angeion”) welcomes you to our eNewLeaf.com website, which is dedicated to users of its New Leaf fitness products and services (collectively, “Fitness Products”). For you to be able to open a personal account and use our site, Angeion asks you first to understand and accept five basic things:
  1. How our New Leaf Fitness Products are intended to be helpful to your overall fitness and training program and how you must be responsible for your own physical health and suitability to use our products or services;
  2. How this site interacts with your individual data from our New Leaf Fitness Products or third party products that you are using in your running, bicycling, swimming, or other activities performed outdoors or at a health club, gym, training center, or other kind of exercise facility;
  3. How Angeion will use your fitness data, including sharing it with third parties, in an anonymous way that does not identify that data with you or any other personal information about you;
  4. How Angeion may send you – if you consent – additional information about Angeion’s Fitness Products or about the products and services of other companies that have business relationships with Angeion; and
  5. How Angeion manages and administers this website to ensure that it remains viable and accessible to all authorized users.
You will only be able to use this site if you acknowledge and accept all our terms and conditions as set out below. To do so, you must use the “I ACCEPT” button at the bottom of this page, which will transmit your acceptance to Angeion. Thank you for using our site and we look forward to working with you. We hope this will be an enjoyable and productive enhancement to your fitness and training program.


 
1. PERSONAL RESPONSIBILITY FOR PHYSICAL HEALTH
Angeion has developed our New Leaf Fitness Products to enhance and optimize fitness training for a wide range of users – weekend joggers, people seeking to use exercise to help control their weight, amateur or professional athletes, police or fire personnel and many others. You will naturally bring your own fitness and training objectives to your use of our Fitness Products.

More importantly, you will bring your own physical conditions and abilities to your use of our Fitness Products. Angeion believes that proper health planning requires that you first consult your personal physician or other healthcare provider to be sure that you are ready and able to undergo any fitness training program where you would be using our Fitness Products. It is your personal obligation to know if you are able to engage in strenuous workouts or exercise safely, and Angeion is not responsible for that health assessment. You should understand that, when participating in any exercise or exercise program, there is the possibility of physical injury or death.

Angeion is not a healthcare provider and is not attempting to provide any healthcare information as such to you through our Fitness Products, including through our eNewLeaf.com website. Moreover, our eNewLeaf.com service is not intended to diagnose, examine or treat any medical condition or to determine the effect of any specific exercise on a medical condition. Our eNewLeaf.com service is not a healthcare prescription system and is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should promptly seek the advice of your personal physician or other healthcare provider if you have any medical questions or want to integrate any fitness information from eNewLeaf.com with the rest of your healthcare planning. You should not disregard medical advice or delay in seeking it because of something you have read or seen on the eNewLeaf.com site.

Angeion is not responsible for any health problems that may result from training programs, products, or events you learn about through eNewLeaf.com. If you engage in any exercise program you receive through eNewLeaf.com, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury or harm to yourself, and will indemnify and hold harmless Angeion, its officers, directors, employees and agents for any loss, liability, claim, damage, and expense (including reasonable attorneys' fees) arising with any use of or reliance on the information or services you receive through eNewLeaf.com.

PLEASE NOTE: Not all exercises suggested on the eNewLeaf.com site may be suitable for you. Before you begin any training instructions you receive through eNewLeaf.com, participate in any event announced on the eNewLeaf.com site or engage in vigorous exercise, you should consult your physician. If you feel discomfort or pain, do not continue. The instructions and advice presented on our site are not intended as a substitute for proper medical counseling.


 
2. HOW eNEWLEAF.COM WORKS
Angeion developed eNewLeaf.com to offer an online tool to help you train your metabolism and guide you to increased fitness and improved athletic performance.

After you are registered and have been assigned an individual account on our eNewLeaf.com service, you or your health or fitness professional may provide us your metabolic test results, which we will store for viewing, tracking and trending your progress as you use our Fitness Products or the products of other companies who are able to link to our Fitness Products. Normally, up to 12 weeks of individualized cardio workout plans and workout cards can be viewed and printed from a personal computer in your health or fitness facility or your home.

In addition, eNewLeaf.com offers interactive features that will allow you to communicate online with your personal health or fitness professional so you can get feedback and coaching from that individual. However, Angeion is only facilitating that communication between you and your health or fitness professional through our site and is not responsible for the content, quality or adequacy of that feedback and coaching as provided to you. Only you (along with your physician or other healthcare provider) can determine whether the feedback and coaching you receive meets your personal training objectives and is appropriate for a person with your specific physical and medical conditions.

As an online service, eNewLeaf.com is also necessarily reliant upon a number of third parties to establish such communications with you and, in some cases, with a workout facility such as a health club or gym, including electric utilities, Internet service providers, telecommunications carriers and others. Due to possible interruptions or failures of these third party services or our own internal technical problems or periodic maintenance, Angeion cannot and does not guarantee that you will always have access to eNewLeaf.com. From time to time, our site may not be available for your use, and it is also possible that some (or all) of your data could be lost. Angeion is not responsible for data that is irretrievable, damaged or altered due to circumstances beyond its reasonable control. If such training data is of particular value to you, Angeion strongly recommends that you or your health or fitness professional store and backup such data on another personal computer so you will always have a duplicate set of such data.


 
3. USES OF YOUR DATA AND OUR PRIVACY POLICY
As you use our Fitness Products and eNewLeaf.com, our goal is to tailor your interactive fitness and training experience to your interests, goals and fitness level. To do so, Angeion must collect certain information about or from you through your use of our eNewLeaf.com web site. When you use our site, we know you will have concerns about your personal privacy and how we use your data, so we are providing you with the following information.

a. Use of IP Addresses: We use your computer’s Internet protocol (“IP”) address to help diagnose problems with our server and to administer our site. Your IP address is also used to help identify you when you log in to our system and to gather broad demographic information from all users of our site.

b. Login Session: Our site uses cookies to keep track of your login session. We also use cookies to deliver content specific to your interests and to customize the content or layout of our page for you. If you set your Internet browser (e.g., Microsoft’s Internet Explorer) to block all cookies, some or all of our site’s services may not be accessible to you because they are reliant to some extent upon being able to send such cookies to your computer. You may need to adjust your Internet browser to enable cookies so that you can effectively use our site.

c. Personal Data: Our site requires you to give us certain information (such as your name, age, and e-mail address) (collectively, “Personal Data”). We use this Personal Data to send you information about your cardio workouts and other information about our company. (As noted below, we may also provide some of this Personal Data to our Affiliates with your consent.)

d. Third Party Promotional Materials: Angeion has business relationships with a number of affiliates, partners, sponsors and advertisers (collectively, “Affiliates”) who also offer various products and services of interest to people concerned about fitness and training, and we would like to send you from time to time information about those things. You can choose to receive (or not receive) such third party promotional literature from such Affiliates.

e. Online Surveys and Other Data Collection: Angeion may ask you to take part in our online surveys or marketing studies from time to time, and we will compile your responses along with those of other users of our site who may also take part (collectively, “Survey Data”). We may associate with such Survey Data selected demographic information (such as your ZIP or telephone area code or your age) that we may also automatically collect or cross-reference from your Personal Data when you log in. We use such Survey Data (together with relevant Personal Data) to tailor your experience at our site, to show you content that we think you might be interested in, and to display our content according to your preferences. We also use such Survey Data and Personal Data to send you information about our company and (with your permission) promotional material from some of our Affiliates.

f. Message Boards and Other Public Forums: Because our goal is to foster and cultivate an informed fitness community, eNewLeaf.com may also offer the use of Message Boards and other Public Forums on our site. Since these are public areas readily accessible to all users of our site, any information you may disclose in these areas will become public information. You should use care and caution to protect your own privacy when disclosing your personal information in these areas. Angeion is not responsible or liable for the uses that others may make of information you provide on these Message Boards and the other Public Forums, including the copying and retransmission of such information through other channels. Angeion reserves the right to monitor, edit, delete or block any use of these public areas of its site in its reasonable judgment to protect its own interests or the interests of other users of the site.

g. Links to Other Sites: Our site contains links to other sites as a convenience to our users. Some of those links may be to our company’s Affiliates, and others may be to third party organizations that have no business relationship with Angeion. Any of these linked sites may place cookies on your hard drive, either directly or when you use a link provided by our site. We cannot directly control what these cookies do or what these third parties may do through such cookies. Angeion is not responsible for the content, activities or privacy practices of such third party sites. Our privacy practices may be different than those on such other third party sites. Please make sure you familiarize yourself with the content, activity and privacy practices of such third party sites before disclosing your personal information to them, and your use of such third party sites is at your own risk.

h. Security Measures: Our site has normal and customary security measures in place to protect against the loss, misuse, illicit access or alteration of the Personal Data under our control. Unfortunately, no data transmission over the Internet or data storage can be guaranteed to be 100% secure. As a result, while Angeion strives to protect your Personal Data, we cannot guarantee the security of any Personal Data or other information you transmit to us through eNewLeaf.com or otherwise, and you do so at your own risk. Once we receive your transmission, we will take reasonable efforts to ensure its security on our systems. However, in spite of such efforts, sometimes Personal Data may not always be retrievable or may be lost, damaged or otherwise compromised. In these instances, we will try to retrieve or restore such Personal Data, but we cannot guarantee that your data will not be lost, damaged, irretrievable, altered or misused.

i. Reserved Rights of Disclosure: In addition to the above situations, Angeion may also disclose a user's Personal Data in the following cases:

(i) As required or permitted by applicablelaw;
(ii) As reasonably required to deal with a user’s violations of these Terms and Conditions;
(iii) As reasonably required to deal with a user’s violation of law;
(iv) As reasonably required for the continued operation of our site or our services.

j. Reserved Right of Data Aggregation and Use: In addition to the above situations, Angeion reserves the right to compile, use, publish and share with our Affiliates or other third parties your Personal Data on an aggregate basis that does not identify you or any other specific individual user (collectively, “Aggregated Data”). Among other uses, we may use without your further consent or compensation to you such Aggregated Data in articles published in professional journals (e.g., in the fitness or sports medicine communities); may rely on such Aggregated Data to modify existing Fitness Products or to develop and commercialize new Fitness Products; may share such Aggregated Data with our Affiliates in deciding what messages and information to direct to you or other users of our site; and to use or transfer such Aggregated Data to aid Angeion in its other research and development efforts.

k. Sale or Merger of Angeion or Angeion’s Business: It is possible that Angeion, as a publicly listed company, may be sold or merged with another company or may sell to another company all or substantially all of its business, including its New Leaf line of Fitness Products and the eNewLeaf.com web site. Angeion reserves the right, in such case, without your further consent or compensation to you to transfer its normal business records (including Personal Data, Survey Data or Aggregated Data) to such other company as part of such a transaction but subject to the same commitments made to you and other users as set forth in these Terms and Conditions. If such a transaction occurs, Angeion will post a notice to this site to inform you and other users about that transaction.

 
4. RECEIPT OF MARKETING OR OTHER MATERIALS
When you use eNewLeaf.com, you will be asked to make two choices about receiving marketing materials from Angeion about its Fitness Products or about the products and services of our Affiliates. As a protection for you to ensure that you do not receive unwanted materials or “spam,” we ask that you affirmatively “opt-in” to accept these materials. If you do not choose to receive such materials, they will not be sent to you automatically. Moreover, these are separate choices – you can elect to receive one without receiving the other. Your election not to receive such materials also will not affect your ability to use the normal services of eNewLeaf.com to support your own individual fitness training program. You can also later change your mind to ask that we stop sending you materials in the future or, conversely, to begin receiving such materials later.

a. New Leaf Materials: You may choose to automatically receive certain selected newsletters, marketing materials, promotions and other communications from Angeion about our Fitness Products. You may ask to discontinue receipt of such New Leaf materials at any time (see below).

b. Affiliate Materials: You may also choose to automatically receive certain selected newsletters, marketing materials, promotions and other communications from Angeion’ Affiliates about their own fitness or training products or services. You may ask to discontinue receipt of such materials from our Affiliates at any time (see below). To enable our Affiliates to do this, your “opt-in” choice will consent to our sharing your Personal Data with such Affiliates so they will have your name, email address and other such information to be able to send their materials to you.

Angeion will not sell your Personal Data to third parties for any unrelated products or services. Angeion will restrict its transfer of your Personal Data, subject to your “opt-in” choice, to its Affiliates who, in Angeion’s judgment, offer products or services that are reasonably related to its own Fitness Products.

From time to time, Angeion may also send you information about its Fitness Products because some of its Affiliates may have shared information about your consumer habits or preferences or other fitness or training profiles with Angeion. For example, it is possible that you may also subscribe to a sports or fitness magazine or may also belong to a health club or gym that is operated by an Affiliate of our company and that you have given a separate consent for that organization to share such information with that organization’s other business associates, such as Angeion. In such cases, Angeion and its Affiliate may take part in co-marketing activities in which we may jointly try to address your expressed desires to receive such information from both organizations.

 
5. GENERAL TERMS AND CONDITIONS
In addition to the above, the following general Terms and Conditions shall also apply to your use of the eNewLeaf.com site upon your registration and use thereof:

a. Updates or Changes to Original Information or Permissions: If you want to correct, update or otherwise change your account information or other Personal Data or to stop receiving future communications or materials from Angeion or from our Affiliates you can do so at anytime by using your “client info” page on the website. To discontinue our eNewLeaf.com service or deactivate your eNewLeaf.com account, you can send an e-mail to Support@NewLeafFitness.com. (Note: This may take up to two or three business days to process and must be confirmed by you responding in a timely way to our e-mailed request for a confirmation).

b. Responsibility for Subscription Fees: Your fees to use the eNewLeaf.com service will be subject to periodic adjustment as posted from time to time on our site. Please note that, after you have begun a subscription to our service, you may deactivate your account at any time, but you will still be liable for payment of your subscription to eNewLeaf.com through the date of your account deactivation. Angeion will attempt to provide a refund of any portion of your subscription fee within [30] days after you deactivate your account. You will receive notification of any applicable renewals of your subscription fees, and, if you do not pay such renewal fees in a timely manner, we will deactivate your account. If your service is interrupted due to such non-payment, Angeion reserves the right to charge you a reactivation fee in addition to the overdue sum before we will reactivate your account.

c. Personal Responsibility for Password: Upon registration and activation of your individual account on the eNewLeaf.com site, Angeion will assign you a unique password for that account. This type of personal identifier is intended to ensure a degree of protection and privacy for your own data on our system. It is therefore your own personal responsibility to safeguard that password so that others cannot access your account or the Personal Data that may be viewed through your account without your approval. If a person logs on to our system using that password assigned to you, our system will automatically assume it is you or a person you have authorized to have such access.

d. Disclaimer: The information and services available on or through the eNewLeaf.com site and in e-mail messages sent to you through that site may come from a variety of sources. Angeion does not actively monitor the content of all eNewLeaf.com site features, newsletters, e-mail messages, or other material available through the site. Therefore, while we strive to bring you helpful and accurate information, we cannot verify, endorse or vouch for the information, services or recommendations available through the eNewLeaf.com site. Angeion is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the eNewLeaf.com site or for any health or medical problems that may result from training programs, products, or events you learn about through eNewLeaf.com. Angeion does not certify or guarantee any third party content or endorse any information supplied by other companies for our site, including any of our Affiliates.

e. Copyrights: The eNewLeaf.com site and the e-mail messages or attached XML files (collectively, “Angeion Materials”) you receive through eNewLeaf.com are protected by U.S. and international copyright law. You do not acquire any ownership or other rights by downloading or using any such Angeion Materials. Angeion owns all copyright in its selection, coordination, arrangement and enhancement of Angeion Materials and to its own original content therein, and each third party content provider owns all copyright in its original content therein. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any Angeion Materials available on or through the eNewLeaf.com site, except as otherwise expressly permitted under applicable copyright law or with the express permission of its respective copyright owner. For Angeion to offer you services through eNewLeaf.com, you hereby grant a perpetual, worldwide, royalty-free license to Angeion and its assignees or delegates to copy, publish, compile, transmit, share and otherwise use in any form, in whole or in part, any information or emails (including your Personal Data or Survey Data) you send to Angeion through our site, subject only to these Terms and Conditions.

f. No Reverse Engineering: You agree not to use the opportunity to review our eNewLeaf.com site to reverse-engineer, decompile, copy, re-use, re-engineer or decipher any parts of our site or any of its underlying functionality or to allow or encourage any other person to do so.

g. Third Party Goods and Services Advertised or Provided through eNewLeaf.com: We may offer products or services of our Affiliates through our site. The information you supply to effect any purchase or transaction of those Affiliates’ products or services will be passed on from our site to the supplier or retailer filling the order and will include any Personal Data reasonably needed or appropriate to process your order and may include (but is not limited to) your name, address, phone number, and credit card information. The privacy policies of our Affiliates may differ from those of Angeion. You should familiarize yourself with our Affiliate’s specific privacy policy before providing personal information through our site to that Affiliate. Angeion assumes no liability for the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of our site to purchase such products or services from any Affiliate. Angeion is not responsible for any representation, warranty, term, condition, payment, sale or delivery of any products or services sold or advertised by its Affiliates through our site. Certain retail or credit card transactions may appear to be processed on our site but are actually being processed and passed to our Affiliates through the Internet. Any problems or issues about any purchased or offered product or service between you and the supplying Affiliate will remain between you and that Affiliate without the involvement of Angeion or its officers, directors, employees or agents.

h. Proper Use of Site: Angeion expects that users of the eNewLeaf.com site will act responsibly and use the tools provided by eNewLeaf.com in a reasonable, law-abiding and civil manner, taking into account the rights and interests of Angeion and of other users of our site. If Angeion determines in its sole discretion that you are not using the system provided by eNewLeaf.com responsibly, Angeion reserves the right, upon notice to you, to censor, edit or block your transmissions or other use of the eNewLeaf.com system or to deactivate your account entirely and to take any other legal action required or permitted by law.

i. Suspension, Discontinuation or Modification of Services: Angeion reserves the right at any time, upon notice published at our eNewLeaf.com site, to suspend, discontinue or modify any or all of the services offered through our site. Such a change may change, block or deny any further use of your training data stored on our system as of the date of such a change. If you are concerned about such change, blockage or denial, you should back-up copies of such data with your own private copy thereof and not rely solely upon eNewLeaf.com for such storage.

j. Limitation of Liability: ANGEION AND OUR AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE ENEWLEAF.COM SITE, OUR SITE-RELATED SERVICES OR ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE.

k. Choice of Law & Forum: Your use of the eNewLeaf.com site and Angeion’s provision thereof shall be governed by the laws of Minnesota without regard to its conflict of law provisions. Any action brought by you in connection with your use of our site shall be filed within one year of the date of the alleged injury, regardless of any statute of limitations, in a court located in Ramsey County, Minnesota, USA.

l. Amendment of Terms and Conditions: Angeion may amend or modify these Terms and Conditions at any time upon posting notice thereof on our eNewleaf.com site. Your continued usage after such changes are posted will constitute acceptance of such amended or modified Terms and Conditions. If you do not agree with such amendment or modification, you should promptly stop using the eNewLeaf.com site and send Angeion an email to deactivate your account (see item 5a above).