SecureStat®

Terms of Use

This SecureStat®, and MyDiebold Portal site and associated functions and software ("System") is only available to commercial entities who have entered into in a SecureStat, and MyDiebold Portal Agreement ("Portal Agreement") with Securitas Electronic Security, Inc ("Participant"), and to Participant’s authorized representative ("Focal Point") and authorized additional users ("Users") (individually and collectively "You"). Unless otherwise defined herein, capitalized terms shall have the same meaning as they have in the Portal Agreement. In order to access the System, You, must agree to the following terms and conditions ("Agreement"):

1. You represent and agree that the Participant for which You are acting as Focal Point or User is currently a party to a valid Portal Agreement with Securitas Electronic Security or that You have the authority to, and by Your assent to this Agreement do, bind Participant to the terms and conditions of this Portal Agreement . You represent and agree that You are authorized by Participant to access the System on behalf of Participant, either as Focal Point or User. You agree to be bound by and comply with all terms and conditions of the Portal Agreement.

2. You represent that Participant is a commercial business entity, and that in accessing the System You are acting in Your capacity either as representative of Participant, if a Focal Point, or in Your capacity as employee of Participant, if a User. You agree that Securitas Electronic Security may rely on any of Your inputs into, or actions in connection with, the System, and that You and Participant are legally bound thereby. You agree that neither Securitas Electronic Security nor any Securitas Electronic Security supplier, shall have any liability nor incur any costs or damages whatsoever, whether on the basis of contract, tort (including without limitation negligence, product liability or strict liability), or on any other common law or statutory basis whatsoever, to You, Participant or to any third party, due to Your access or use of the System. All information, software, documentation and other items, whether tangible or intangible, which You or Participant may use in conjunction with or receive from the System, are provided AS IS AND WITHOUT WARRANTY. Securitas Electronic Security reserves the right to deny access to the System to You or Participant at any time with or without cause.

3. Securitas Electronic Security assumes no privacy obligations or restrictions whatsoever with regard to information You may provide through use of the System, or information that Securitas Electronic Security may collect from You in connection with using the System. You agree and represent that none of the information You input will be personal information. Without limitation, You expressly grant Securitas Electronic Security the rights to use, transfer, and disclose such information for any purpose Securitas Electronic Security believes necessary or appropriate to (a) comply with relevant laws or to respond to subpoenas or warrants served on Securitas Electronic Security or (b) to protect and defend the interests, rights, or property of Securitas Electronic Security or third parties. Securitas Electronic Security MAKES NO WARRANTY CONCERNING THE USE OF INFORMATION THAT YOU PROVIDE OR Securitas Electronic Security GATHERS IN THE COURSE OF YOUR USE OF THE SYSTEM.

4. You further acknowledge and agree that Your inputs provided to the System indicating agreement serve as Your and Participant’s legally valid electronic signature which shall be as fully effective as if it was a written signature, and shall be fully legally binding upon You, Participant, Securitas Electronic Security’s affiliates, subsidiaries, successors and assigns for all purposes including, but not limited to, the purchase of goods or services. This Agreement shall be deemed to be in writing for any all purposes, and Securitas Electronic Security’s grant to You and/or Participant to the System shall constitute Securitas Electronic Security’s binding electronic signature to the terms and conditions of this Agreement.

5. This Agreement shall be governed and construed in accordance with the laws of the State of Ohio, USA, as if it was entered into, and was to be entirely performed, within the State of Ohio, and without regard to any conflicts of laws provisions thereof. By using the System, You and Participant irrevocably consent to the exercise of jurisdiction of, and venue in, any state or federal court of competent jurisdiction located in Ohio. In the event any provision of this Agreement is found to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect, and in addition Your and Participant’s rights to access the System shall immediately terminate. This Agreement and any rights granted hereunder cannot be assigned, and any attempted assignment shall be null and void for all purposes.

6. You acknowledge and agree that access to the System at any time or on any one or more occasion(s) constitutes good and valuable consideration, and that You and Participant are legally bound by the terms and conditions of this Agreement (including any terms in the Portal Agreement). This Agreement, together with the Portal Agreement, states the entire agreement concerning the subject matter hereof. This Agreement shall be effective to amend and supersede any prior agreement inconsistent herewith. No modification, waiver or change to this Agreement shall be effective unless in writing and by the duly authorized representatives of each of Participant, Securitas Electronic Security. This Agreement shall continue in effect until You are given notice of termination by Securitas Electronic Security.