User Agreement, Terms and Conditions

Your use of the Cook County Treasurer's Third Party Agent (TPA) Program (referred to herein as the "TPA Program") and its web site (available at http://tpa.cookcountytreasurer.com) are subject to all terms and conditions contained in this online Agreement (this "Agreement"). NOTE: THESE TERMS AND CONDITIONS HAVE BEEN MODIFIED AS OF JANUARY 2011. AS SUCH, IT IS YOUR RESPONSIBILITY TO READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY. Your use of the TPA Program constitutes your agreement to be bound by all of its terms and conditions. The Cook County Treasurer's Office is interchangeably referred to herein as "we", "us" and any words of similar import.

Your use of the information and/or services available through the TPA Program, including the TPA Program web site (referred to herein as the "Site"), for any purpose other than the payment of General Taxes is strictly prohibited and could result in denial of your access to the Site.

IMPORTANT NOTICES: Pursuant to Cook County Ordinance 07-O-68, third-party payors and their agents, including but not limited to mortgage companies, escrow agents, and title companies, are required to pay a $5.00 fee per PIN in connection with such parties' use of the Site to request the electronic equivalent of one or more duplicate tax bills.

By your use of the TPA Program you acknowledge and agree that obtaining the amount of tax due for any PIN constitutes your request for the electronic equivalent of a duplicate tax bill for that PIN pursuant to the provisions of 35 ILCS 200/20-12 and Cook County Ordinance 07-O-68.

Furthermore, pursuant to Cook County Ordinance 19-O-4589, mortgage lenders and their agents that tender payment using the TPA Program are required to pay a $2.00 enhanced processing fee per PIN and installment upon which they tender payment.

Please note that payment of General Taxes by any method other than the TPA Program or the Real-Time Payment System ("RTS") must be accompanied by one original coupon per PIN and must be in strict compliance with all instructions set forth on both sides of the tax bill.

By your use of the TPA Program you acknowledge and agree that obtaining the amount of tax due for any PIN constitutes your request for the electronic equivalent of a duplicate tax bill for that PIN pursuant to the provisions of 35 ILCS 200/20-12 and Cook County Ordinance 07-O-68.

I. SERVICES AND GENERAL INFORMATION

1. Services Available.

With the TPA Program, you CAN pay General Taxes, for the current tax year and in the full amount due, via wire transfer on or before the due date thereof (and each subsequent penalty date).

With the TPA Program, you CANNOT:

• Make partial payments;
• Pay by credit card;
• Pay any other open or outstanding general tax for any other tax year;
• Pay any back tax, arrearage tax, circulator tax, pollution tax, or municipal special assessment;
• Pay any subsequent tax ("sub tax") as part of, and subsequent to, any tax-sale purchase;
• Redeem tax sales or general forfeitures; or
• Pay any installment of property taxes to the extent that payment has already been made or committed by another part.

2. Availability of Service.

It is presently intended that the TPA Program and the associated services will be available year-round except for two business days after each due date; provided that, as highlighted in Section V.3 below, the Treasurer's Office may terminate this Agreement and associated services at any time with or without reason or notice.

3. E-mail.

a. Uses.  You must not use e-mail for communication with the Cook County Treasurer's Office regarding any   time-sensitive matters.  If you send the Treasurer’s Office a message via e-mail, the Treasurer’s Office will receive it by the following business day.  By submitting an e-mail communication, you acknowledge that the Treasurer’s Office may take a reasonable amount of time to respond to or otherwise act upon your message.
b. E-mail is Not Secure.  E-mail transmissions are not secure.  As such, the Treasurer’s Office recommends that you do not send or ask for sensitive information via any general or public e-mail system.
c. Responses by E-mail.  You agree that the Cook County Treasurer’s Office may respond to you by e-mail with regard to any non-confidential matter related to your TPA Program activity.

4. Recording and Records.

In the event that there are any contradictions between any content of the records maintained by the Cook County Treasurer’s Office and your own personal records, the records of the Treasurer’s Office will govern.  For purposes of this provision, "records" include our written, computerized and mechanized records and any authorizations and instructions received by us concerning any transaction.

5. Service Interruptions.

The Site may be unavailable at certain times when computer systems require maintenance or upgrades, when unforeseen maintenance is necessary, or when major events occur, such as earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages.  The Treasurer’s Office will make all reasonable efforts to ensure the availability of the Site. However, the Cook County Treasurer’s Office shall in no way be liable for the unavailability of all or any portion of the Site at any time.  The unavailability of the Site in no way releases you from any obligation to make timely payment of property taxes or from the accrual of penalty interest thereon.

6. Duplicate Payments.

Payment commitments cannot be made via the TPA Program in respect of property taxes (or any portions thereof) that another party has paid or committed to pay.  Please note, therefore, that uploading a PIN to the Site does not guarantee that you will be able to commit to pay the taxes on such PIN.  It is imperative that you verify, prior to uploading a PIN file to the Site, that you are the party legally responsible for paying the property taxes of all PINs included therein.  Users of the TPA Program are encouraged to investigate and rectify any duplicate PIN uploads that are noted on the Duplicate Upload Resolution Reports generated by the Site.  If you are the party legally responsible for paying property taxes for which payment has already been made or committed by another party, your payment of such taxes may be submitted via the Real-Time TPA Payment System (RTS) at http://www.cookcountytpa.com.

II. SECURITY PROCEDURES

1. Encryption.

Data transferred via the TPA Program is encrypted in an effort to provide transmission security. Notwithstanding our efforts to ensure that information transmitted to the Site is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including e-mail, occur openly on the Internet and can potentially be monitored and read by unauthorized parties.  The Treasurer's Office cannot and does not guarantee the security of data transfers to or from the Site or e-mail transmittals to or from the Treasurer's Office.

2. Additional Security Procedures.

The Treasurer’s Office may from time to time use reasonable additional or alternative procedures in an effort to ensure the security and confidentiality of your financial records and transactions when using the Site.  Such procedures may include, without limitation, encryption, creating security firewalls in our computer systems and implementing other commercially reasonable security procedures.  You agree to comply at all times with all security procedures the Treasurer’s Office may impose in connection with the use of this service.  You agree that all security procedures used by the Treasurer’s Office and its affiliates and agents in connection with the Site are commercially reasonable security procedures and, accordingly, you assume all risk of loss for unauthorized transactions. The Cook County Treasurer’s Office assumes no responsibility for any loss due to unauthorized transactions.  By agreeing to the terms and conditions set forth herein, you acknowledge that the Treasurer’s Office reserves the right to change the security procedures from time to time upon notice to you (if such notice is required by law) and you agree that your continued use of the Site evidences your acceptance of any such changed procedures and your acknowledgment as to the commercial reasonableness thereof.

3. Exercise Reasonable Care.

The Treasurer's Office will exercise good faith and reasonable care in processing your transactions; however, such exercise is purely voluntary and does not create any legally binding obligation on the part of the Cook County Treasurer’s Office.  You will similarly exercise good faith and reasonable care in observing and maintaining security procedures, in communicating with the Treasurer's Office and in reviewing account statements for any errors or discrepancies.

III. GENERAL TERMS AND CONDITIONS

1. Terms of Agreement.

You understand and agree to the rules set forth in in this Agreement.  Where there is a conflict between one or more provisions in this Agreement and the provisions in any other applicable agreement, the provisions in this Agreement will control.  Your use of the TPA Program is subject to all applicable state and federal laws and regulations, all of which, when taken together with this Agreement, shall constitute the complete agreement between you and the Cook County Treasurer’s Office (for itself and on behalf of the Cook County government as a whole) regarding the subject matter hereof.

2. Changes in Terms.

The Cook County Treasurer’s Office reserves the right to change the terms of this Agreement from time to time and at any time.  The Treasurer’s Office will update this Agreement when any changes are made.  The Treasurer’s Office also reserves the right to terminate the TPA Program, to make access to the Site unavailable, and to modify the content of the Site, with or without reason or notice at any time.

3. Information Accuracy.

The Cook County Treasurer’s Office strives to provide complete, accurate and timely account information.  All information provided by the Treasurer’s Office is either generated by the Treasurer’s Office or obtained from sources believed by the Treasurer’s Office to be accurate and reliable.  Due to the possibility of human and mechanical error, delayed updates, as well as other factors such as the difficulty of securing a website from unauthorized alterations or the occurrence of a system breakdown or other unavailability, neither the Treasurer’s Office nor any of its affiliates or agents provide any representations or warranties regarding the Site or any information contained therein, and the Treasurer’s Office will not be liable to you if any such information is unavailable, delayed or inaccurate.  THE SITE AND ALL INFORMATION THEREIN IS PROVIDED "AS IS" AND WITH ALL FAULTS, AND THE TREASURER’S OFFICE MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED) OF EVERY KIND, INCLUDING WARRANTIES OR DUTIES (IF ANY) AS TO ACCURACY, TIMELINESS, COMPLETENESS, SUITABILITY, AVAILABILITY, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, OR LACK OF NEGLIGENCE OR VIRUSES.  The Treasurer’s Office makes no warranty against infringement or of quiet enjoyment, nor does the Treasurer’s Office make any other express warranties of any kind.

4. Sharing of TPA Contact Information.

By your use of the TPA Program you acknowledge that (1) Duplicate Upload Resolution Reports are generated by the Site from time to time so as to identify PINs that have been included by multiple third party agents (TPAs) in their respective PIN file uploads to the Site, (2) the Duplicate Upload Resolution Reports identify the TPAs to have made such duplicate uploads and list such TPAs’ contact information (as contained in the master account profiles submitted by such TPAs via the Site), and (3) other registered users of the TPA Program and/or RTS may access such reports and the information contained therein, which may include your own contact information as provided to the Treasurer’s Office.  You agree to use best efforts to maintain up-to-date account profile information on the Site at all times during your participation in the TPA Program.  The Cook County Treasurer’s Office reserves the right to deactivate any TPA Program account found to include invalid contact information.

5. Computer Virus Information.

It is possible to contract a computer virus by using the Internet or materials downloaded from it.  The Treasurer's Office attempts to keep the Site virus free, but the Treasurer's Office cannot guarantee that the Site and any software or other information downloaded from it will be virus free.  The Treasurer's Office is not responsible for any electronic virus or viruses that you may encounter, including, without limitation, any computer virus related problems that may be associated with your use of the TPA Program.

6. Your Computer and Software.

You are responsible for the installation, maintenance, and operation of your computer and your browser software. You assume all risk of error, failure, or non-performance, including the risk that you do not operate your computer or your software properly.  The Treasurer's Office is not responsible for any errors or failures from any malfunction of your computer or your software.  The Treasurer's Office shall have no liability to you for any damage or other loss, whether actual, special, direct, indirect, consequential, or punitive which you may suffer or incur to your computer or your software by your use of the Site. THE TREASURER'S OFFICE MAKES NO WARRANTY TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IV. LIMITATION OF LIABILITY

1. Limitation of Liability for Loss.

To the fullest extent allowed by law, you agree that neither the Cook County Treasurer’s Office nor any of its affiliates or agents will be liable to you or any third party for any loss, property damage, bodily injury, any actual, special, direct, indirect, consequential or incidental damages (including but not limited to lost profits or lost opportunity), or any other indirect, special, or punitive damages whatsoever, (i) which arise out of or are directly or indirectly related to the Site or any use of the Site or the information contained therein, (ii) resulting from any failure to complete any transaction, or (iii) resulting from the installation, use or maintenance of any equipment, software, Internet browser or access software, even if the  Cook County Treasurer’s Office  has been advised of the possibility of such damages.  This exclusion of damages includes damages claimed in any cause of action, including but not limited to legal or equitable proceedings and claims relating to contract, tort or products liability.

2. Your Liability.

Except as otherwise provided by law, you will be liable for any loss or damage resulting from your breach of this Agreement or to which your negligence contributed, or which resulted from unauthorized, fraudulent, or dishonest acts by others (other than the Treasurer's Office).  Such liability includes, but is not limited to instances wherein someone effects one or more transactions to your detriment.  You are liable for all payments that you make or which are made or requested by your agent, even if such agent exceeds its authority in so doing, and even if such agent is not an authorized signer on your account.

V. MISCELLANEOUS TERMS AND CONDITIONS

1. Waiver and Severability.

The Cook County Treasurer's Office may delay exercising its rights without thereby waiving them.  A waiver or partial exercise of one right does not constitute a waiver of other rights or the same right at another time.  If any provision of this Agreement, or its application to any person or set of circumstances, is held invalid or unenforceable to any extent, the remainder of this Agreement, and its application to any other persons or set of circumstances, shall not be impaired or otherwise affected.

2. Governing Law, Venue and Jurisdiction.

This Agreement is governed by the laws of the State of Illinois, U.S.A.  You consent to the exclusive jurisdiction and venue of the courts in Cook County, Illinois in all disputes arising out of or relating to the TPA Program or the Site, any use thereof or any information contained therein. You agree that a printed or electronic version of these terms and conditions (and any amendments hereof) will be admissible in any judicial or administrative proceedings to the same extent as paper records.

3. Our Right to Terminate this Agreement.

The Cook County Treasurer's Office reserves the right to terminate this Agreement and your access to the Site, in whole or in part, at any time with or without reason or notice.

4. Assignment.

The Treasurer's Office reserves the right to assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

5. Error Resolution - User Error.

The user agrees that it is wholly responsible for the content and accuracy of its data submission(s) to the Site.

6. Error Resolution – County Error.

The user agrees that when it knows or has reason to know that an error occurred as the result of any action of the Cook County Treasurer's Office, the user must, within five (5) business days of such actual or constructive knowledge, contact the Cook County Treasurer's Office at (312) 443-5100 and report such matter to a Customer Service representative; or report the same in writing to the Cook County Treasurer's Office, Attn: Director of Operations, 118 N. Clark Street, Room 212, Chicago, IL, 60602.