Welcome to the Shirley Ryan AbilityLab payment web site (the "Payment Site") and to Shirley Ryan AbilityLab Online Payment Services. Shirley Ryan AbilityLab is willing to provide the Shirley Ryan AbilityLab Online Payment Services (the "Payment Services") to you only upon your agreement that your access and use of the Payment Services will be subject to the following Terms of Services ("TOS"). These TOS are an agreement between Shirley Ryan AbilityLab ("Shirley Ryan AbilityLab") and users of the Payment Services ("you"). These terms may be revised without notice and become effective upon posting on this site and your use of the Payment Site. These terms were last revised on February 12, 2019.
At the end of this agreement is the Consent Form for Consumers to Receive Electronic Disclosures.
Please read this entire document because it contains important information.
1. DEFINITIONS
The following defined terms are used in these Terms and Conditions:
"Payment Instruction" means your instruction and authorization to Shirley Ryan AbilityLab to make a bill payment to a Shirley Ryan AbilityLab.
"Payment Account" means the bank account that you authorize us to debit by electronic funds transfer when you make your bill payment using account information from your personal checking or savings account.
"Payment Card" means the credit card or debit card that you instruct us to charge to pay your bill payment.
"Business Day" means Monday through Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date" means the Business Day of your choice upon which we will attempt to complete your bill payment and initiate the appropriate debit to your Payment Account or Payment Card.
2. DESCRIPTION OF SERVICES
A. GENERAL SITE USAGE
The Payment Services provide users with access to resources that enable users to issue payments to Shirley Ryan AbilityLab.Unless explicitly stated otherwise, any new features that augment or enhance the current Payment Services, including the release of new service, shall be subject to these TOS. Upon your acceptance of these TOS by clicking on the "I Accept" button below, Shirley Ryan AbilityLab grants you a personal, nonexclusive, nontransferable, license to access and use the Payment Services, subject to these TOS, solely for your internal purposes. The foregoing license includes the specific rights to use the available applications and functionalities of the Payment Services and to print information from the Payment Services. Shirley Ryan AbilityLab does, however, reserve the rights to, without notice: (a) modify, suspend or terminate operation of or access to the Payment Services at any time for any reason; (b) modify or change the Payment Services or its applicable operating policies at any time; and (c) interrupt the Payment Services as necessary to perform routine and non-routine maintenance, error corrections, or other changes. Shirley Ryan AbilityLab also reserves the right to modify these TOS at any time, in which case you will be provided notice that the TOS have been changed. Your continued use of the Payment Services after your notification of the changed TOS constitutes your agreement to the changed TOS.
B. BILL PAYMENT SERVICE
When you initiate a Payment Instruction, you authorize Shirley Ryan AbilityLab to charge your Payment Card or debit your Payment Account and remit funds to Shirley Ryan AbilityLab on your behalf so that the funds arrive as close to the Business Day designated by you as is reasonably possible. While it is anticipated that most transactions will be processed on the day you choose, it is understood that due to circumstances beyond the control of Shirley Ryan AbilityLab, some transactions may take a day or so longer to be credited to your Account.
If we are unable to obtain funds for a bill payment for any reason associated with your Payment Card or Payment Account (for example, there is not a sufficient balance available on your Payment Card or in your Payment Account to cover the transaction), then we will not be able to complete your bill payment transaction. If there is a problem in processing your Payment Instruction, Shirley Ryan AbilityLab may attempt to contact you, using the telephone number you have provided.
If Shirley Ryan AbilityLab makes a bill payment to your Account but is unable to obtain funds for that payment from your Payment Card or Payment Account, you agree that your bill payment will be reversed.
You further agree that by accepting these terms of service, you also authorize our Customer Service Representatives to receive and process single and/or recurring payments Instructions from you over the telephone.
3. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS
Shirley Ryan AbilityLab will use commercially reasonable efforts to process your bill payments in accordance with your Payment Instructions. However, Shirley Ryan AbilityLab shall incur no liability if a bill payment is not made in a timely manner or if it is unable to complete any payments initiated by you through the Bill Payment Service because of the existence of any one or more of the following circumstances:
4. YOUR REPRESENTATIONS.
You hereby represent to Shirley Ryan AbilityLab and agree that:
a. any and all information that you provide to the us through the Payment Services or Payment Site will be accurate and complete;
b. you will not use the Payment Services to access information about any account unless you have authority to do so by the person or company whose account you are accessing;
c. you will not provide any information to us through the Payment Site or Payment Services, including account information, unless you have the authority to provide such information to us;
d. you will not use the Payment Site or the Payment Services for any illegal or improper purposes;
e. you will not use:
i. use any robot, spider, other automatic device to monitor or copy portions of the Payment Site or Payment Services or the content contained therein without Shirley Ryan AbilityLab’s prior written permission, or
ii. any device, software or routine to interfere or attempt to interfere with the proper working of the Payment Site or Payment Services;
f. you will not download, reproduce, duplicate, copy or otherwise exploit any portion of the Payment Site or Payment Services for the purpose of sale, resale, or making other commercial use thereof, and
g. Shirley Ryan AbilityLab may send you electronic correspondence describing changes to the Payment Services and these TOS.
5. RELIANCE ON THE INFORMATION FROM THE SERVICES
While we exercise reasonable efforts to ensure the accuracy of information on our Payment Site and accessible through the Payment Services, you acknowledge and agree that your use of the Payment Site or Payment Services, and your reliance upon any data or information accessed using the Payment Site or Payment Services, is at your own risk. You agree to make and rely on your own independent investigation of the completeness, accuracy and suitability of any information, data, or analytical product available on the Payment Site or Payment Services before reliance thereon.
6. WARRANTY DISCLAIMERS
YOU ACKNOWLEDGE AND AGREE THAT THE PAYMENT SERVICES AND THE Shirley Ryan AbilityLab PAYMENT SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT USE OF THE PAYMENT SERVICES OR THE PAYMENT SITE IS AT YOUR SOLE RISK. Shirley Ryan AbilityLab MAKES NO WARRANTY WHATSOEVER ABOUT THE PAYMENT SERVICES, ITS PAYMENT SITE, THE OPERATION OR AVAILABILITY OF EITHER, THE ACCURACY OF INFORMATION PROVIDED ON OR THROUGH THE PAYMENT SERVICES OR PAYMENT SITE, OR THE SECURITY OF THE PAYMENT SERVICES OR PAYMENT SITE. MOREOVER, Shirley Ryan AbilityLab EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE PAYMENT SITEAND THE PAYMENT SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Shirley Ryan AbilityLab MAKES NO WARRANTY THAT (A) THE PAYMENT SITE OR PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS, (B) ACCESS TO THE PAYMENT SITE OR PAYMENT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) TRANSMISSION OF DATA TO AND FROM THE PAYMENT SITE OR PAYMENT SERVICES WILL BE TIMELY OR ERROR-FREE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PAYMENT SITE OR PAYMENT SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT NEITHER Shirley Ryan AbilityLab NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, OPINION, ADVICE OR STATEMENT ON THE PAYMENT SERVICES OR THIS PAYMENT SERVICES.
7. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Shirley Ryan AbilityLab SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Shirley Ryan AbilityLab HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PAYMENT SITE OR PAYMENT SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PAYMENT SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PAYMENT SITE OR PAYMENT SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PAYMENY SITE OR PAYMENT SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE PAYMENT SITE OR PAYMENT SERVICES. 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 THIS SECTION MAY NOT APPLY TO YOU.
In the absence of any of the exclusions set forth above, it shall be Shirley Ryan AbilityLab responsibility to correct any transactions not completed in accordance with your Payment Instructions. In the event that Shirley Ryan AbilityLab is unable to correct the transaction, we shall refund the amount of funds received from you and this refund shall constitute your sole remedy. In no event shall Shirley Ryan AbilityLab liability to you ever exceed the amount of funds that we receive from your Payment Account or Payment Card for a bill payment. THE FOREGOING SHALL CONSTITUTE Shirley Ryan AbilityLab ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL Shirley Ryan AbilityLab BE LIABLE FOR ANY OTHER LOSS, INJURY, OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE BILL PAYMENT SERVICE. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN, WE SPECIFICALLY DISCLAIM AND YOU UNDERSTAND THAT WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED AND THE SAME ARE HEREBY EXCLUDED FROM THESE TERMS AND CONDITIONS AND ALL TRANSACTIONS CONTEMPLATED HEREBY.
8. INDEMNITY
You agree to indemnify, defend and hold Shirley Ryan AbilityLab, and its subsidiaries, affiliates, officers, members, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information you submit, post to or transmit through the Payment Services, your use of the Payment Services, your connection to the Payment Services, your violation of these TOS, or your violation of any rights of another.
9. SUBMISSIONS
Comments, suggestions and questions about the Payment Site or Payment Services are welcomed and can be submitted to webmaster@sralab.org. Shirley Ryan AbilityLab does not, however, desire that you send, post or upload any information that is confidential or proprietary to you or to any other person or company. By submitting comments, messages, suggestions, ideas, concepts or other information (collectively, "Materials") to Shirley Ryan AbilityLab, you thereby (a) represent and warrant that such information is not confidential or proprietary to your or to any other person and (b) grant Shirley Ryan AbilityLab and its affiliates an irrevocable, perpetual, royalty-free, non-exclusive, unrestricted, worldwide license to: use, copy, publish, transmit, perform and display the Materials for any purpose; create derivative works from such Materials; and implement and use the Materials and any suggestions, concepts or ideas contained therein without compensation to you. Furthermore, you agree that Shirley Ryan AbilityLab is not responsible for the confidentiality of the Materials that you send through the Payment Site or the Payment Services.
10. LINKS
As a service to you and for your convenience, the Payment Site and Payment Services may include many links to web sites operated by third parties. By providing links to third party web sites, Shirley Ryan AbilityLab is not endorsing or sponsoring such third parties or their web sites. You agree that Shirley Ryan AbilityLab is not responsible for the availability of or content on any web sites operated by third parties that may be accessible through the Payment Services or linked to this Payment Site.
11. TRADEMARKS, COPYRIGHTS & RESTRICTIONS
All materials available through the Payment Site or Payment Services, including, but not limited to, text, images, illustrations, audio clips, video clips and other data, are protected by copyrights which are owned or licensed by Shirley Ryan AbilityLab. Except for the limited license granted above, you may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from the Payment Site or Payment Services, or any other Payment Site owned or operated by Shirley Ryan AbilityLab, without the prior written permission of Shirley Ryan AbilityLab.
12. MODIFICATION AND TERMINATION
Shirley Ryan AbilityLab reserves the right at any time to modify or discontinue, temporarily or permanently, the Payment Site or Payment Services (or any part thereof) with or without notice. You agree that Shirley Ryan AbilityLab shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Payment Site or Payment Services. You agree that Shirley Ryan AbilityLab, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Payment Services, and remove and discard any content within the Payment Services, for any reason, including, without limitation, for lack of use or if Shirley Ryan AbilityLab believes that you have violated or acted inconsistently with the letter or spirit of these TOS. You agree that any termination of your access to the Payment Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Shirley Ryan AbilityLab may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Payment Services. Further, you agree that Shirley Ryan AbilityLab shall not be liable to you or any third party for any termination of your access to the Payment Services.
13. GOVERNING LAW AND VENUE
Use of the Payment Site or Payment Services and these TOS shall be governed by and construed in accordance with the laws of Illinois, without regard to the choice of law provisions thereof. Venue for any dispute or claim relating to or arising out of or in connection with use of the Payment Site, Payment Services or these TOS shall be the courts located in Cook County, Illinois.
14. COMPLETE AGREEMENT/SEVERABILITY/NO THIRD PARTY BENEFICIARIES
These TOS and any agreements governing use of specific portions of the Payment Services constitute the entire understanding between you and Shirley Ryan AbilityLab with respect to the Payment Services and your use thereof, superseding all prior written and oral communications and understandings. If any provision or portion of these TOS is not given legal effect by a court of competent jurisdiction, such provision or portion shall drop out of the TOS and the remaining provisions and portions of the TOS shall be construed and enforced. These TOS shall not be interpreted or construed to confer any rights or remedies upon any third parties.