USER AGREEMENT FOR CREDIT/DEBIT CARD ONLINE PAYMENT SERVICE

Your use of the Cook County Treasurer’s Credit/Debit Card Online Payment Service (hereinafter referred to as the “Credit/Debit Card Payment Service” or the “Service”) is subject to all terms and conditions contained in this User Agreement (this "Agreement"). Please read the Agreement carefully before proceeding, as your use of the Credit/Debit Card Payment Service constitutes your acknowledgment of its terms and conditions and your agreement to be bound thereby.

IMPORTANT NOTICE TO BULK PAYERS (10 or more tax payments):

Pursuant to Cook County Ordinance 19-O-4589, if you tender payment upon 10 or more PINs through the Credit/Debit Card Payment Service you are required to pay a $2.00 enhanced processing fee per PIN and installment upon which you tender payment. Entities subject to this fee will be determined and billed at least annually rather than at the time of payment.

NOTICE REGARDING THIRD-PARTY VENDOR CONVENIENCE FEES:

You must pay a convenience fee (per each payment transaction) in order to utilize the Credit/Debit Card Payment Service. Illinois law requires that any and all such fees be collected and retained by the third-party vendor that processes credit/debit card payment transactions for the Credit/Debit Card Payment Service (the “Payment Processor”). Pursuant to 35 ILCS 200/20-25(b), all convenience fees incurred by users of the Service are nonrefundable. See Section 6 hereof for further information regarding convenience fees.

The Credit/Debit Card Payment Service is offered as a convenience to taxpayers. The use of the Service is entirely optional. Taxpayers may avoid convenience fees by instead submitting their payments to the Cook County Treasurer’s Office in person, by mail, or at Chase Bank locations throughout Illinois.

IMPORTANT NOTICE TO THIRD-PARTY PAYERS:

Pursuant to 35 ILCS 200/20-12 and Cook County Ordinance 07-O-68, mortgage companies and their agents are required to pay a fee under certain circumstances involving requests for property tax bills or their electronic equivalents. Use of the Credit/Debit Card Payment Service by mortgage companies or their agents is strictly prohibited by the Cook County Treasurer’s Office. Mortgage companies (or their agents) who utilize the Service will be deemed to have intentionally circumvented Cook County Ordinance 07-O-68 and the rules and regulations of the Cook County Treasurer's Office. Use of the Service by any mortgage company or its agent will result in a $5.00 fee being assessed for each Property Index Number paid via the Service. In addition, any use of the Service by a mortgage company or its agent may be referred to the Cook County State's Attorney for investigation and/or prosecution.

I. SERVICES AND GENERAL INFORMATION

1. Services Available.

With the Credit/Debit Card Payment Service, you CAN:

• Use a MasterCard, Visa, Discover, or American Express credit card or debit card to pay any on-time installment of outstanding general property taxes prior to delinquency; and
• Either pay such taxes in full or make a partial payment thereof.

With the Credit/Debit Card Payment Service, you CANNOT:

• Pay more than the amount indicated as due;
• Pay taxes on a single Property Index Number (“PIN”) using more than one credit/debit card account per payment;
• Pay any back tax, arrearage tax, circulator tax, pollution tax, or municipal special assessment;
• Pay any subsequent tax ("sub tax") as part of a prior tax-sale purchase; or
• Redeem taxes from sale or forfeiture.

2. Partial Payments.

You may make a partial payment. You may pay any amount between $1.00 and the total indicated amount due. You cannot pay more than the total indicated as the amount due.

3. Amount Due and Appearance of Payment on the Treasurer's Office Website.

The amount due is as of the date indicated. Please note that your payment may take up to 10 business days to be reflected on the website of the Cook County Treasurer's Office (hereinafter abbreviated as the “CCTO”). In the interim, should you wish to confirm that your payment was successful, it is suggested that you check with your credit/debit card issuer.

4. Date Payments Deemed Accepted.

Credit card payments and debit card payments are deemed accepted as of the date and time that you submit your payment via the Credit/Debit Card Payment Service, provided that the payment transaction is authorized by your credit/debit card issuer.

5. Notice of Declined Payment Transaction Request.

If you provide an incorrect account number or your credit card or debit card payment transaction request is declined by your card issuer for any reason, the Service will display an instantaneous on-screen notification regarding the same. Notwithstanding the foregoing, under no circumstances shall any failure of the Service to display such an on-screen notification entitle the user to any waiver of fees or interest charges assessed as a result of a rejected credit card or debit card payment transaction request.

Please note that pursuant to Illinois law, if your attempted payment transaction is declined by your credit/debit card issuer and you do not successfully re-submit payment (whether by credit/debit card or any other form of payment accepted by the CCTO) on or before the due date thereof, your unpaid taxes will accrue statutory interest at the rate of 1.5% per month until full payment is made.

6. Third-Party Convenience Fees.

You must pay a convenience fee (per each payment transaction) in order to utilize the Credit/Debit Card Payment Service. Illinois law requires that any and all such fees be collected and retained by the Payment Processor. Neither the CCTO nor any unit of local government receives any portion of these convenience fees.

The Payment Processor will add a 2.1% convenience fee to the amount of each property tax payment that is submitted via the Service. Please note that these convenience fees are determined by the Payment Processor and/or the card issuer – not by the CCTO – and the fee amounts are subject to change from time to time. The convenience fee will be calculated and displayed on-screen after the credit/debit card number has been entered by the user. Users of the Credit/Debit Card Payment Service will be prompted to confirm their agreement to pay the applicable convenience fee prior to completing a payment transaction. PURSUANT TO 35 ILCS 200/20-25(b), ANY AND ALL CONVENIENCE FEES INCURRED BY USERS OF THE CREDIT/DEBIT CARD PAYMENT SERVICE ARE NONREFUNDABLE.

The Credit/Debit Card Payment Service is offered as an optional convenience to taxpayers. Taxpayers may avoid convenience fees by instead submitting payment to the CCTO in person, by mail, or at Chase Bank locations throughout Illinois.

7. Enhanced Processing Fee.

Pursuant to Cook County Ordinance 19-O-4589, if you tender payment upon 10 or more PINs through the Credit/Debit Card Payment Service you are required to pay a $2.00 enhanced processing fee per PIN and installment upon which you tender payment. Entities subject to this fee will be determined and billed at least annually rather than at the time of payment.

8. Appearance on Credit/Debit Card Statement; Credit/Debit Card Statement as Receipt.

Two charges will appear on your credit/debit card statement with respect to each payment that is submitted via the Service: one charge identified as "LN*Cook Co Prop Tax" in the amount of your property tax payment, and one charge identified as "LN*Prop Tax Svc Fee" in the amount of the applicable convenience fee.

Please note that your credit/debit card statement reflecting the above-referenced charges serves as proof of your property tax payment. Therefore, it is important that you retain your credit/debit card statements for your records.

9. Result of Incorrect Account or Payment Information.

Users of the Credit/Debit Card Payment Service are solely responsible for ensuring, before submitting a payment, that they have correctly entered their credit/debit card account information and have correctly denoted both the amount to be paid and the PIN to which the payment is to be credited. All payments submitted to the CCTO via the Credit/Debit Card Payment Service are final upon submission and may not be refundable.

10. Authority to Submit Payment; Unauthorized Payment Transactions.

Your submission of a credit card or debit card payment via the Credit/Debit Card Payment Service constitutes your representation and warranty to the CCTO that you possess all necessary right, power and authority to authorize such payment .

If you believe that someone has used your credit card or debit card to make an unauthorized payment via the Service, contact your credit/debit card issuer immediately. You are solely responsible for any such unauthorized payments, although your credit/debit card issuer may provide some form of recompense or fraud protection. The CCTO shall not be liable for any losses that may result from unauthorized payment transactions submitted through the Credit/Debit Card Payment Service.

11. Error Message – Taxes Paid in Full.

The Credit/Debit Card Payment Service cannot be used to submit overpayments of property taxes. If you attempt to submit a payment that exceeds the amount of taxes outstanding on the subject PIN, you will receive an error message indicating that the amount you are trying to pay is greater than the amount due.

12. Error Message – Payment of Taxes Already Committed.

It is common for homeowners to pay their property taxes via a “tax escrow” arrangement, whereby the property owner makes payments into an escrow account held by their mortgage lender. The property owner’s lender (or its agent) then uses those monies to pay the property taxes on the owner’s behalf. Under such an arrangement, the property owner makes payments into the escrow account in lieu of paying his/her property taxes directly to the CCTO. The property owner’s mortgage lender (or its agent) typically “commits” to pay the property taxes on the owner’s PIN in advance of remitting payment of such taxes.

If you receive an on-screen message indicating that another party has already committed to pay the taxes that you are attempting to pay via the Credit/Debit Card Payment Service, it is strongly recommended that you verify, before proceeding to submit your payment, (1) that you have correctly entered the PIN and installment of property taxes that you seek to pay and (2) that the third party who has committed to pay such taxes is not acting as your agent or your lender’s agent in connection with a tax escrow arrangement.

PLEASE NOTE THAT IF YOU HAVE RECEIVED A NOTIFICATION OR ERROR MESSAGE INDICATING THAT ANOTHER PARTY HAS ALREADY COMMITTED TO PAY YOUR PROPERTY TAXES, YOUR SUBSEQUENT SUBMISSION OF PAYMENT FOR SUCH TAXES VIA THE CREDIT/DEBIT CARD PAYMENT SERVICE SHALL CONSTITUTE (1) YOUR CERTIFICATION THAT YOU ARE THE PARTY LEGALLY RESPONSIBLE FOR THE PAYMENT OF SUCH TAXES, (2) YOUR DISCLAIMER OF ANY INTEREST IN OTHER PROPERTY TAX PAYMENTS MADE ON SUCH PARCEL FOR THE SAME TAX YEAR AND INSTALLMENT, AND (3) YOUR ACKNOWLEDGMENT THAT THE COOK COUNTY TREASURER’S OFFICE MAY RELY UPON THE FOREGOING CERTIFICATION AND DISCLAIMER IN REFUNDING ANY DUPLICATIVE PAYMENT(S) OF SUCH TAXES.

13. Confirmation Number.

A "Confirmation Number" will be provided to you after your credit/debit card payment transaction has been successfully submitted via the Credit/Debit Card Payment Service. Please note that this number is merely your proof that you have submitted a credit/debit card payment via the Service. Being provided a "Confirmation Number" DOES NOT necessarily mean that your PIN and/or account number were entered correctly. As noted above, users of the Service are solely responsible for ensuring, before submitting a payment, that they have correctly entered their credit/debit card account information and have correctly denoted both the amount to be paid and the PIN to which the payment is to be credited. All payments submitted to the CCTO via the Credit/Debit Card Payment Service are final upon submission and may not be refundable.

14. Correction of Incorrect Taxpayer Name and/or Tax Bill Mailing Address.

If you are certain that you have correctly entered your property’s PIN, but the taxpayer name or mailing address displayed on the CCTO website appears to be incorrect, you may download a "Change of Name and Address" form by clicking on the "Forms" tab on the CCTO website (https://www.cookcountytreasurer.com ). Forms may also be obtained in-person at the CCTO office located at 118 N. Clark Street in Chicago. Completed (and notarized) forms may be mailed to the following address: Cook County Treasurer, Name and Address Change Department, 118 N. Clark Street, Room 112, Chicago, IL 60602.

15. Correction of Incorrect Property Location.

If you are certain that you have correctly entered your property’s PIN, but the property location displayed on the CCTO website appears to be incorrect, you may wish to complete a "Change of Property Location" form at the Cook County Assessor's Office .

16. Availability of Service; Service Interruptions.

The Credit/Debit Card Payment Service will only be available during Cook County’s biannual property tax installment collection periods. The Service may also be unavailable at certain times when computer systems require maintenance or upgrades, when other unforeseen maintenance is necessary, or when certain major events occur, such as earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages. The CCTO will make all reasonable efforts to ensure the continued availability of the Service during each property tax installment collection period. However, the CCTO shall in no way be liable for the unavailability of all or any portion of the Credit/Debit Card Payment Service at any time. The unavailability of the Credit/Debit Card Payment Service in no way releases you from any obligation to make timely payment of property taxes or from the accrual of statutory interest thereon.

II. SECURITY PROCEDURES

1. Your Role.

Your role is extremely important in the prevention of any wrongful use of your credit/debit card account information. Users of the Service are encouraged to promptly examine their credit/debit card statements upon receipt. If you believe that someone has used your credit card or debit card to make an unauthorized payment via the Credit/Debit Card Payment Service, contact your credit/debit card issuer immediately.

2. Encryption.

Data transferred via the Credit/Debit Card Payment Service is encrypted in an effort to provide transmission security. Notwithstanding the efforts of the CCTO to ensure that information transmitted to and from the Service is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including email, occur openly on the Internet and can potentially be monitored and read by unauthorized parties. The CCTO cannot and does not guarantee the security of data transfers utilizing the Service.

3. Additional Security Procedures.

The CCTO 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 using the Credit/Debit Card Payment Service. Such procedures may include, without limitation, multiple encryption, creating security firewalls in the CCTO’s computer systems and implementing other commercially reasonable security procedures. You agree to comply at all times with all security procedures the CCTO may impose in connection with the use of the Credit/Debit Card Payment Service. By your use of the Service, you agree that all security procedures utilized by the CCTO and its affiliates and agents in connection therewith are commercially reasonable security procedures and you assume all risk of loss from unauthorized transactions involving your credit/debit card account. You further acknowledge that the CCTO reserves the right to change the security procedures from time to time without notice to you (except to the extent that such notice is required by law), and you agree that your use of the Credit/Debit Card Payment Service shall evidence your acceptance of any such changed procedures and your acknowledgment as to the commercial reasonableness thereof.

4. Computer Viruses.

It is possible to contract a computer virus by using the Internet or materials downloaded from it. The CCTO attempts to keep its website and the Credit/Debit Card Payment Service website virus-free, but the CCTO cannot guarantee that the websites or any software or other information downloaded therefrom will be free of viruses. The CCTO is not responsible for any electronic viruses, malware, or related problems that may be associated with your use of the Credit/Debit Card Payment Service.

5. Email.

6. Exercise Reasonable Care.

The CCTO will exercise good faith and reasonable care in processing the payment transactions that you submit via the Credit/Debit Card Payment Service. Notwithstanding the foregoing, such exercise is purely voluntary and does not create any legal duty upon the CCTO. You will similarly exercise good faith and reasonable care in observing and maintaining security procedures and in reviewing account statements for any errors or discrepancies.

III. GENERAL TERMS AND CONDITIONS

1. Terms of Agreement.

Your use of the Credit/Debit Card Payment Service constitutes your acknowledgment of and agreement to be bound by the terms and conditions set forth herein. As a condition of your use of the Service, you represent and warrant to the CCTO that you will not use the Service for any purpose that is unlawful or otherwise prohibited by this Agreement. In addition to the terms and conditions hereof, your use of the Service is also subject to the separate terms and conditions of the Payment Processor. Your use of the Credit/Debit Card Payment Service constitutes your acknowledgment of and agreement to be bound by the terms and conditions of the Payment Processor.

In the event of any conflict between one or more provisions of this Agreement and the provisions of any other applicable agreement, the provisions of this Agreement will control. Your use of the Credit/Debit Card Payment Service is subject to all applicable laws and regulations, all of which, when taken together with this Agreement, shall constitute the complete agreement between you and the CCTO (for itself and on behalf of its affiliates and agents and the Cook County government as a whole) regarding the subject matter hereof.

2. Changes in Terms of Agreement and Availability of Credit/Debit Card Payment Service.

The CCTO reserves the right to modify the terms of this Agreement from time to time and at any time. The CCTO will update this Agreement when any modifications are made hereto. The CCTO further reserves the right to terminate the Credit/Debit Card Payment Service, or to make access thereto temporarily unavailable, with or without reason or notice at any time.

3. CCTO Business Records.

In the event of any discrepancies or contradictions between any content of the records maintained by the CCTO and your own personal records, the records of the CCTO will govern. For purposes of this provision, the "records" of the CCTO include the CCTO’s written, computerized and mechanized records and any authorizations and instructions received by the CCTO concerning any transaction.

4. Information Accuracy.

The CCTO strives to provide complete, accurate and timely account information. However, because of the possibility of human, electronic and mechanical errors, delayed updates, and 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 CCTO nor any of its affiliates or agents provide any representations or warranties regarding the Credit/Debit Card Payment Service, the CCTO website or any information contained therein, and the CCTO will not be liable to you if any such information is unavailable, delayed or inaccurate. THE CREDIT/DEBIT CARD PAYMENT SERVICE, THE CCTO WEBSITE, AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED "AS IS" AND WITH ALL FAULTS, AND THE CCTO 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, OR FITNESS FOR ANY PARTICULAR PURPOSE.

5. 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 CCTO is not responsible for any errors or failures resulting from any malfunction of your computer or your software. The CCTO shall have no liability to you for any damage or other loss, whether actual, special, direct, indirect, consequential, punitive or otherwise, which you may suffer or incur by reason of your use of the Credit/Debit Card Payment Service or the CCTO website. THE CCTO MAKES NO WARRANTIES TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUSES.

IV. LIMITATION OF LIABILITY

1. Limitation of Liability for Loss.

To the fullest extent allowed by law, you agree that neither the CCTO nor any of its affiliates or agents will be liable to you or any third party for any loss or injury, any indirect, consequential or incidental damages (including but not limited to lost profits or lost opportunity), or any other actual, special, or punitive damages whatsoever, which (i) arise out of or are directly or indirectly related to any use of the Credit/Debit Card Payment Service or the information contained therein, or (ii) result from any failure to complete any transaction, even if the CCTO has been advised of the possibility of such damages. This exclusion of damages includes damages claimed in any cause of action whatsoever, including but not limited to legal or equitable proceedings and claims relating to contract, tort or products liability.

2. Specific Situations.

Notwithstanding anything to the contrary set forth herein or elsewhere, the CCTO will have no liability whatsoever if, without limitation:

• Your payment transaction request is declined by your credit/debit card issuer for any or no reason;
• The Credit/Debit Card Payment Service was not accessible or was otherwise not working properly when you attempted to submit a credit card or debit card payment transaction request;
• Your credit/debit card account is closed or frozen to transactions;
• The CCTO has completed any transaction as requested by your actual or apparent agent;
• You, your agent or representative or anyone else acting on your behalf (whether or not authorized) commits any fraud, misrepresentation or deceit, or violates any applicable law or regulation;
• Any electronic terminal or telecommunication device is not working properly;
• You have not properly followed the CCTO’s instructions as to how to complete a transaction, or you provide incorrect, incomplete or inaccurate information or instructions to the CCTO and/or the Payment Processor, whether electronically, orally or in writing; or
• You have failed to verify the correctness of the PIN and payment amount designated in your credit/debit card payment transaction request.

3. Time Limitation.

During and following the term of this Agreement, in any event wherein you believe the CCTO has breached the terms hereof or is liable hereunder for any reason, you agree to contact the CCTO within five (5) business days following the date on which you first knew or should have known of the violation or suspected violation. Any lawsuits or other legal proceedings concerning any alleged liability of the CCTO or its agents pursuant to this Agreement must be brought within one (1) year following the date on which the underlying claim(s) first arose.

4. 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 CCTO or the Payment Processor). Such liability includes 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 actual or apparent agent, even if such agent exceeds its authority in so doing, and even if such agent is not an authorized signer on your account.

5. Indemnification.

You agree to indemnify and hold the CCTO and its agents and employees harmless from and against any loss, damage, liability, cost or expense of any kind incurred by the CCTO or Cook County in connection with any third-party claim or demand arising out of, relating to or otherwise attributable to (i) your use of the Credit/Debit Card Payment Service, (ii) your violation of this Agreement, or (iii) your violation of any rights of any third party.

V. MISCELLANEOUS TERMS AND CONDITIONS

1. Waiver and Severability.

The CCTO may delay exercising its rights hereunder without thereby waiving them. A waiver or partial exercise of one right does not constitute a waiver of any other rights or of 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 sets 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. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Cook County, Illinois in all disputes arising out of or relating to this Agreement, the Credit/Debit Card Payment System or the CCTO website, 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. Termination by CCTO.

The CCTO reserves the right to unilaterally terminate this Agreement, the Credit/Debit Card Payment Service and/or your access thereto at any time with or without reason or notice.

4. Assignment.

To the extent permitted by law, the CCTO 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 if he/she knows or has reason to know that an error occurred at any time during the payment transaction request process as a result of the user’s error (such as, but not limited to, entry of an incorrect credit card or debit card number, payment on the incorrect PIN, etc.), it is the user’s responsibility to promptly contact his or her credit/debit card issuer to determine what, if any, corrective measures may be taken. All payments submitted to the CCTO via the Credit/Debit Card Payment Service are final upon submission and may not be refundable.

6. Error Resolution – System Error.

The user agrees that if he/she discovers that an error has occurred during the payment transaction request process as the result of an apparent system error or malfunction by the Credit/Debit Card Payment Service, the user shall, within five (5) business days of the occurrence of such error, contact the CCTO 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 112, Chicago, IL 60602. Any resolution of the purported error shall be as determined by the CCTO in its discretion and in accordance with applicable law and the policies and procedures of the CCTO.

7. How to Contact Us.

For all matters pertaining to this Agreement, you may contact the CCTO by telephone at (312) 443-5100 or by mail to the following address: Cook County Treasurer's Office, Attn: Director of Operations, 118 N. Clark Street, Room 112, Chicago, IL 60602.

By your use of the Cook County Treasurer’s Credit/Debit Card Online Payment Service, you acknowledge that you have read, understood and accepted all of its terms and conditions as set forth in this Agreement.