This H&R Block® Tax Program Services Agreement (the "Agreement") is a legally binding contract between you and HRB Digital LLC ("H&R Block"). This Agreement governs your use of the 2016 version of the H&R Block online tax program services described in Section 1 below and accompanying documentation as it may be updated from time to time (the "Tax Program"). Be sure that you carefully read and fully understand this Agreement. For purposes of this Agreement, "Affiliates" shall mean any entities that (directly or indirectly) control, are controlled by or are under common control with HRB Digital LLC.
YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. H&R BLOCK IS WILLING TO PROVIDE ACCESS TO THE TAX PROGRAM ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM AND AGREE TO BE LEGALLY BOUND BY THEM. SECTION 12 OF THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT THAT REQUIRES RESOLUTION OF DISPUTES BY INDIVIDUAL ARBITRATION. BY CLICKING YOUR ACCEPTANCE OF THIS AGREEMENT OR BY ACCESSING OR OTHERWISE USING ANY PART OF THE TAX PROGRAM, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE TAX PROGRAM. YOU MAY CALL 1-800-HR-BLOCK (1-800-472-5625) FOR OTHER REFUND INSTRUCTIONS.
Subject to the terms and conditions of this Agreement and the payment of all applicable fees, H&R Block grants to you a limited, non-exclusive, personal, non-transferable right to use and access the Tax Program to prepare and electronically file ("e-file" or "e-filing") your 2016 United States ("U.S.") federal tax return, to prepare and provide information for your 2016 state tax returns and to e-file your state tax returns. You understand that use of the Tax Program to e-file state tax returns and to prepare and submit certain tax schedules may require payment of an additional fee. The use of the Tax Program is expressly conditioned on the following: (1) that you only use the Tax Program through H&R Block's online computer service available through the Free File Alliance at www.irs.gov (the "IRS Website"); (2) that you only use the Tax Program in the manner permitted by this Agreement and only for those state returns for which you have paid all applicable fees (if any); and (3) that you only use the Tax Program for your and your immediate family members' own personal, non-commercial use, solely in connection with completing and filing your tax returns. You may not use the Tax Program in connection with providing tax advice or to provide any other services to any other party. In no event shall you use the Tax Program to prepare more than one (1) federal income tax return or more than three (3) state income tax returns. You agree that you, and not H&R Block, are the preparer of any tax return filed using the Tax Program, and prior to filing you shall have sole responsibility and liability for reviewing your 2016 federal and state tax returns for accuracy and completeness and for otherwise verifying any results derived from using the Tax Program.Back to Top
H&R Block will use commercially reasonable efforts to make the Tax Program (or a comparable replacement program) available until October 15, 2017, subject to maintenance, testing and other limitations described in this Agreement.Back to Top
You may not directly or indirectly: (1) re-distribute, sell, rent, loan, or otherwise transfer the Tax Program or any rights in or to the Tax Program to any other person or entity; (2) use the Tax Program in any manner not explicitly provided for in this Agreement or for the benefit of any third parties, including by making the Tax Program available on an application service provider, outsourcing or service bureau basis, or on any peer-to-peer or file-sharing service or network, or to perform services for third parties where the Tax Program enables, facilitates or comprises part of such service(s), and you agree to indemnify, defend and hold harmless H&R Block and its Affiliates against any losses, liabilities, claims, settlements, costs or expenses, including reasonable attorneys' fees and enforcement costs, arising out of or relating to any such use or access; or (3) duplicate the Tax Program by any means, including electronically; (4) remove any proprietary notice, labels, or marks on or in the Tax Program; (5) derive or attempt to derive any source code for the Tax Program; or (6) disable or circumvent any access control or related device, process or procedure established with respect to the Tax Program. You are responsible for all use of the Tax Program and for compliance with this Agreement and any breach by you or any user of the Tax Program made available to you shall be your responsibility. H&R Block reserves all rights not expressly granted to you.Back to Top
The Tax Program is protected by U.S. patent, trademark and copyright law and international treaty provisions. Title to the Tax Program and all associated intellectual property rights are owned and shall be retained exclusively by H&R Block and its Affiliates and licensors, as applicable. Through your use of the Tax Program, you acquire no ownership interest in the Tax Program or any derivative work or component of the Tax Program. No right, title or interest in or to any trademark, service mark, logo or trade name of H&R Block or its Affiliates or their licensors is granted to you under this Agreement. You may not attempt to decompile, disassemble, modify or reverse engineer the Tax Program, or seek to derive the source code from any executable object code provided to you, or modify, translate, or otherwise create derivative works based on the Tax Program or any part thereof. H&R Block and its Affiliates are the exclusive owners of the copyright for the Tax Program and H&R Block reserves all rights related to such ownership, including the exclusive right to make derivative works of the Tax Program and to make the Tax Program available for use by individuals. You acknowledge and agree that the Tax Program, any enhancements, corrections, upgrades or modifications to the Tax Program (regardless of whether made by H&R Block, its Affiliates, you or a third party) and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Tax Program (or any enhancements, corrections, upgrades or modifications) are and shall remain the exclusive property of H&R Block, its Affiliates or its licensors, as applicable.Back to Top
Your use of the Tax Program is subject to H&R Blocks privacy notice made available to you in full at: www.hrblock.com/ffa/universal/digital-online-mobile-privacy-principles.html ("Privacy Notice"). We reserve the right to change the Privacy Notice and any of the policies described in the Privacy Notice at any time, consistent with applicable law. If we make a material change to the Privacy Notice, we will notify you by using one of the following methods: (1) we will post a notice on our web site describing the change; or (2) we will hand deliver or send you regular or electronic mail notifying you of the change. Through your use of the Tax Program, you may be required or requested to supply certain information, including your name, address, electronic mail ("e-mail") address and other information pertaining to your tax returns (the "Tax Information"). If you e-file your tax returns, H&R Block will collect and transmit your Tax Information through its affiliated electronic transmitter to the applicable Revenue Authorities you designate. IRS and state revenue authorities may generally be referred to in this Agreement as a "Revenue Authority." H&R Block and its Affiliates may retain an electronic copy of your Tax Information, including e-filing details and status, to the extent required or permitted by law. Additionally, we may alert the IRS or a state Revenue Authority to correct or identify issues or errors in the Tax Program.Back to Top
You understand and agree that e-filing may not be available in some states. Some states may require you to e-file your federal and state tax returns at the same time. You further understand and agree that H&R Block cannot and does not guarantee the performance of the Internet or any third party or third party system or that once transmitted, the applicable Revenue Authority will receive, accept or process your tax return (e.g., due to failures of the Internet or of the Revenue Authority's computer systems or networks, due to you entering incorrect contact or identifying information, or any other reason beyond H&R Block's control). H&R Block's sole responsibility with respect to e-filing your tax returns is limited to using commercially reasonable efforts to transmit your tax returns electronically to the applicable Revenue Authorities if you select and qualify for e-filing and pay all applicable e-filing fees. Whether you choose to e-file or print and mail your tax returns, you are solely responsible for verifying that your tax returns have been filed and received by the applicable Revenue Authorities and for taking appropriate alternative actions if necessary. You understand it is your responsibility to print and retain a copy of your tax returns for your records.Back to Top
You agree to take reasonable security precautions to protect any passwords and user IDs associated with your use of the Tax Program. These precautions shall be at least as great as the precautions that you take to protect your online financial accounts, but in no event less than reasonable and prudent care. You will notify H&R Block immediately of any unauthorized use of your user ID/name, your password or the Tax Program or any other security breach of which you are aware. It is your sole responsibility to keep your account number, ID/user name, password and other sensitive information confidential. You understand and agree that you are solely responsible for all computer password, data, file and network security, including but not limited to, an active firewall on your computer and/or network connection, anti-virus software and anti-spyware software, necessary to secure and protect any proprietary or confidential information that you provide, store, submit, transmit or disclose directly or indirectly with your use of the Tax Program.Back to Top
The Software will calculate any healthcare subsidy reconciliation and any penalty you are required to pay because of a lack of healthcare coverage and will efile (or include in the printout) IRS Form 8962. The Software will automatically include the calculated reconciliation or penalty amount into your refund or amount you owe. If you already have a penalty exemption number, the Software will efile (or include in the printout) IRS Form 8965. The Software can pre-fill a penalty exemption application form for you, but you understand and agree that you are required to file the penalty exemption application with the IRS and that H&R Block will not and is not required to file the penalty exemption application. Additionally, you understand that the Accurate Calculations Guarantee discussed in Section 9 below does not apply to any penalty or interest amount that is later altered by a penalty exemption that is granted after the original tax return was filed.Back to Top
Subject to the conditions below, H&R Block agrees to reimburse you, after you pay any Revenue Authority, for the amount of the penalty and interest paid by you in connection with a 2016 tax year return that you would otherwise not have been required to pay, provided that the penalty and interest were incurred solely and directly as a result of an arithmetic error made by the Tax Program. H&R Block will only reimburse you for penalties and interest you actually pay to a Revenue Authority, only for penalties and interest that accrue before the IRS provides you notice of an improper calculation, and only for those individual states for which you have paid H&R Block for use of the state portion of the Tax Program and used such Tax Program to file the state tax returns. Under no circumstances will H&R Block pay additional taxes due.
In order to qualify for the reimbursement under this Section 9, all of the following conditions must be met: (1) the penalty and interest is for your individual 2016 tax year return; (2) the penalty or interest did not result, in whole or in part, from an incorrect entry of data by you or any third party or data incorrectly imported into the Software from a financial institution or other software, your failure to follow Tax Program instructions, your failure to correct and resolve errors identified by the Tax Program, a claim for an improper or unsupportable deduction, a failure to report income, your failure to provide all necessary information to H&R Block, an incorrect interpretation of the law by you, or any other reason outside the control of H&R Block; (3) you notified H&R Block at HRB Digital LLC, Attn: Calculations Guarantee Claims, P.O. Box 10435, Kansas City, Missouri 64171-0435 as soon as you learned of the error and in no event later than thirty (30) days after the penalty or interest was assessed or you received a notice from any Revenue Authority regarding your tax return, whichever is earlier, and you sent H&R Block complete documentation of the penalty and interest including all correspondence to and from each Revenue Authority, a copy of your tax returns as filed with each Revenue Authority, proof that you paid the penalty and interest and any other relevant information H&R Block reasonably requests; (4) you took any action reasonably requested by H&R Block, including filing an amended tax return if necessary, to limit any further penalties and interest from accruing; (5) the penalty and interest was for a return filed on or before April 15, 2017, or if the filing date is properly extended, for a filing date that is on or before October 15, 2017 (if you filed your return late, H&R Block will not pay interest from the filing deadline (April 15, 2017 or October 15, 2017 for a properly extended return) to the date you actually filed your return); (6) you have complied with all terms and conditions of this Agreement, including the restrictions of use and you have not intentionally provided any false information in connection with your account registration or tax return; (7) you paid the applicable fees, if any, for the Tax Program; (8) the penalty or interest must not be based upon incorrect advice you received from H&R Block that you knew was incorrect at the time you filed your return; and (9) your tax return was prepared using the Tax Program in accordance with this Agreement and the instructions for use.
In no event will H&R Block reimburse you for more than an aggregate of ten thousand dollars ($10,000) in interest and penalties owed to any Revenue Authority or Revenue Authorities, as the case may be, based upon all personal tax returns you filed for the 2016 tax year using the Tax Program, regardless of whether the tax returns are federal or state returns. THIS SECTION 9 STATES H&R BLOCK'S ENTIRE OBLIGATION AND LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY ERRORS IN YOUR RETURN CAUSED BY THE TAX PROGRAM. The rights and benefits afforded by this Section 9 are personal to the original user of the Tax Program and may not be assigned or otherwise transferred to any other party.Back to Top
OTHER THAN THOSE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, H&R BLOCK AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE TAX PROGRAM. WITHOUT LIMITING THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY IMPLIED WARRANTIES SUCH AS THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM YOUR USE OF THE TAX PROGRAM. H&R BLOCK AND ITS AFFILIATES DO NOT WARRANT OR PROMISE THAT THE TAX PROGRAM WILL IDENTIFY THE APPROPRIATE DOCUMENTS FOR YOUR NEEDS OR THAT THE TAX PROGRAM IS FREE FROM BUGS OR ERRORS; NOR DOES H&R BLOCK OR ITS AFFILIATES MAKE ANY OTHER PROMISES ABOUT THE PERFORMANCE, ACCURACY, OR RELIABILITY OF THE TAX PROGRAM OR ITS ABILITY TO MEET YOUR REQUIREMENTS. WHILE H&R BLOCK AND ITS AFFILIATES ARE PROVIDING THE TAX PROGRAM TO ASSIST YOU IN PREPARING AND/OR FILING YOUR TAX RETURNS, THE TAX PROGRAM DOES NOT REPLACE YOUR OBLIGATION TO EXERCISE YOUR INDEPENDENT JUDGMENT. YOU ARE SOLELY RESPONSIBLE FOR CORRECTLY INPUTTING YOUR INFORMATION INTO THE TAX PROGRAM AND FOR VERIFYING ALL OUTPUTS RESULTING FROM YOUR USE OF THE TAX PROGRAM. H&R BLOCK AND ITS AFFILIATES DO NOT WARRANT ANY PARTICULAR RESULTS THAT YOU MAY OBTAIN IN USING THE TAX PROGRAM.
SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES. IF YOU LIVE IN ONE OF THESE STATES, THE ABOVE LIMITATIONS DO NOT APPLY TO YOU. IN SUCH CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW FROM THE DATE YOU FIRST ACCESSED OR USED THE TAX PROGRAM.
YOU ACKNOWLEDGE THAT H&R BLOCK AND ITS LICENSORS AND AFFILIATES DO NOT PRACTICE LAW NOR ARE THEY PROVIDING OR RENDERING ANY SUCH LEGAL SERVICES TO YOU WITH REGARD TO THE TAX PROGRAM. YOU FURTHER ACKNOWLEDGE AND AGREE THAT LAWS VARY FROM STATE TO STATE AND CHANGE OVER TIME AND THATYOUR USE OF THE TAX PROGRAM IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY.Back to Top
EXCEPT AS EXPRESSLY PERMITTED BY SECTION 9, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF H&R BLOCK AND ITS AFFILIATES AND LICENSORS WITH RESPECT TO YOUR USE OF THE TAX PROGRAM SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO H&R BLOCK FOR THE RIGHT TO USE THE TAX PROGRAM. IN NO EVENT WILL H&R BLOCK OR ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, FOR ANY TAX LIABILITIES OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOST PROFITS OR BUSINESS, LOSS OF USE, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY, EVEN IF H&R BLOCK OR ITS AFFILIATES AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that H&R Block and its Affiliates and licensors will not at any time have any additional liability for any claim, cause of action or injury that you or any other person may have as a result of: (1) your use of, or inability to use, the Tax Program; (2) your use of any documents generated by the Tax Program; (3) your retention of, or your failure to consult or retain, an attorney with respect to any contract, document or legal matter; (4) connection or toll charges for using the Tax Program; or (5) any fees, costs or expenses arising out of troubleshooting or technical support for the Tax Program.
SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU LIVE IN ONE OF THESE STATES, THE ABOVE LIMITATION OR EXCLUSION DOES NOT APPLY TO YOU.
You agree that the essential purposes of this Agreement can be fulfilled even with these limitations on liabilities. You acknowledge that H&R Block would not be able to offer the Tax Program on an economical basis without these limitations.Back to Top
12.1. Scope of Arbitration Agreement. All disputes and claims between you and any one or more of the H&R Block Parties (as defined below) shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. However, either you or the H&R Block Parties may bring an individual claim in small claims court, as long as it is brought and maintained as an individual claim. All issues are for the arbitrator to decide, except that issues relating to the validity, enforceability, and scope of this Arbitration Agreement, including the interpretation of paragraph 12.3 below, shall be determined by the court and not the arbitrator. For purposes of this Arbitration Agreement, the term H&R Block Parties shall include HRB Digital LLC, HRB Tax Group, Inc. and Emerald Financial Services, LLC; as well as any of their direct or indirect parents, subsidiaries, and affiliates, as well as predecessors, successors, officers, directors, agents, employees and franchisees of any of them.Back to Top
12.2. How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and the H&R Block Parties agree otherwise, any arbitration hearing shall take place in the county of your residence. If you accept this Agreement outside the United States, the arbitration hearing shall take place in the county in which you last resided in the United States. We encourage you to call 1-800-HRBLOCK in advance of filing a claim for arbitration to see if the dispute can be resolved prior to arbitration.Back to Top
12.3. Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including compensatory, statutory, and punitive damages; attorneys' fees; and declaratory, injunctive, and equitable relief. However, any relief must be individualized to you and shall not affect any other client. The arbitrator is also empowered to resolve the dispute with the same defenses available in court, including but not limited to statutes of limitation. You and the H&R Block Parties also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and the H&R Block Parties hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. The H&R Block Parties do not consent to, and the arbitrator shall not have authority to conduct, any class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims, under any circumstance.Back to Top
12.4. Arbitration Costs. The H&R Block Parties will pay all filing, administrative, arbitrator and hearing costs. The H&R Block Parties waive any rights they may have to recover an award of attorneys' fees and expenses against you in arbitration.Back to Top
12.5. Other Terms & Information. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, we will not make any material change to this Arbitration Agreement without providing you with an opportunity to reject that change by following the directions in the notice of changes. Rejection of any future change will not impact this or any prior Arbitration Agreement you have made.Back to Top
You agree to defend and hold harmless H&R Block, its Affiliates and their respective current and former successors, assigns, officers, directors, representatives, employees and agents from and against any and all claims, suits, settlements, losses, liabilities, penalties, damages (including incidental and consequential damages), costs and expenses (including reasonable attorneys fees and expenses) resulting from or arising out of your breach of this Agreement.Back to Top
This consent to electronic communications provides (1) important information required by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and (2) your consent to electronic delivery of all Required Disclosures relating to your use of the Products and Services. As used in this Agreement, Required Disclosures means all notices, disclosures, communications, or other information required by law relating to your use of the Products and Services.
14.1. Scope of Consent.
Your consent to receive Required Disclosures electronically applies to all Required Disclosures relating to your use of the Products and Services or your relationship with H&R Block.
14.2. Hardware and Software Requirements.
14.3. Method of Delivery.
H&R Block may provide Required Disclosures to you: (1) via e-mail at the e-mail address you designated to H&R Block (if any); (2) by access to the H&R Block website that will generally be designated in advance for such purpose or designated in an e-mail notice to you; or (3) in the course of your use of the Products and Services including, without limitation, via a screen or page within the Products and Services or via a link from within the Products and Services to a web page containing the Required Disclosures.
14.4. Obtaining Paper Copies.
You have the right to receive a paper copy of Required Disclosures. You may request a paper copy of Required Disclosures received pursuant to the foregoing consent to electronic communications. H&R Block must receive your paper copy request within one hundred twenty (120) days from the date that H&R Block first provided the Required Disclosure to you. A fifteen dollar ($15) charge will apply to each paper copy of the Required Disclosure requested by you. To request a paper copy of a Required Disclosure, send your request and fee to HRB Digital LLC, Attn: Research Team, P.O. Box 10435, Kansas City, MO 64171-0435.
14.5. Withdrawing Consent/Updating Information.
If you want to withdraw your consent to receive Required Disclosures electronically or your e-mail address changes, you must notify H&R Block in writing at the following address: HRB Digital LLC, Attn: Research Team, P.O. Box 10435, Kansas City, Missouri 64171-0435. Please provide your physical address and e-mail address to request the change. If you fail to notify H&R Block of a change in e-mail address, you understand and agree that any communications sent via e-mail shall nevertheless be deemed to have been provided or made available to you in electronic form. If you choose to withdraw your consent to receive Required Disclosures electronically, then you may be unable to access certain features or functionality that would otherwise be made available to you, or we may terminate your License to use the Products and Services. Some notices may be one-time notices for which your consent may not practically be withdrawn after receiving the initial electronic notice.
14.6. All Required Disclosures Are "In Writing".
All Required Disclosures electronic format from us to you will be considered "in writing." You should print or download for your records a copy of this Agreement and any other Required Disclosure that is important to you.
You agree and consent to the electronic delivery of Required Disclosures. You also agree that H&R Block does not need to provide you with an additional paper (non-electronic) copy of the Required Disclosures unless specifically requested as described above.Back to Top
Without prejudice to any other rights, H&R Block may immediately terminate this Agreement if you do not abide by its terms and conditions, in which case you must immediately cease use and access to the Tax Program.Back to Top
16.1 Governing Law; Forum. This Agreement shall be governed by, and interpreted, construed, and enforced in accordance the law of the state where you accepted this Agreement except to the extent inconsistent with or preempted by federal law.
16.2 Entire Agreement. This Agreement is the entire and exclusive agreement between the parties with respect to the subject matter hereof, and it supersedes all previous communications, representations or agreements, either oral or written, between them. No representations or statements of any kind made by any representative of H&R Block which are not included in this Agreement, shall be binding on H&R Block.
16.3 Amendments. H&R Block may, in its sole discretion, change the terms of this Agreement or make changes related to any aspect of the Tax Program. If this occurs, H&R Block will provide notice to you via any means H&R Block deems reasonable including, without limitation, e-mail, posting on an H&R Block website, or updates to the Tax Program. Continued use of the Tax Program after H&R Block provides any such notice shall constitute your acceptance of the changes and the Agreement (as amended). You may avoid changes to the Arbitration Agreement by following the directions described in Section 12.5 of the Arbitration Agreement above.
16.4 Waiver. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of H&R Block. H&R Blocks failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
16.5 Severability. Except as provided in Section 12.3, if any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
16.6 Notices. Except as otherwise indicated, any notices under this Agreement to H&R Block must be personally delivered or sent by certified or registered mail, return receipt requested or by U.S. Postal Service express mail, to: HRB Digital LLC, Attn: Tax Program Notices, One H&R Block Way, Kansas City, Missouri 64105 or to such other address as H&R Block may specify in writing. Such notices will be effective upon receipt, which may be shown by confirmation of delivery.
16.7 Miscellaneous. Any and all references in this Agreement to H&R Block and its Affiliates shall, where the context so permits, include H&R Blocks and their Affiliates respective directors, officers, employees, contractors and agents. All provisions of this Agreement which are intended to survive or which must survive in order to give effect to its meaning (including but not limited to, the provisions of Sections 1, 3, 4, 10, 11, 12, 13, 14 and 16) shall survive termination or expiration of this Agreement. The headings contained herein are for the convenience of the parties only and shall not be used to interpret or construe any of the terms of this Agreement.
16.8 Third Party Beneficiaries; Assignment. This Agreement is solely between you and H&R Block. H&R Block's respective licensors, Affiliates and suppliers shall be deemed to be third party beneficiaries of this Agreement solely to the extent necessary for them to enforce any protections afforded them by this Agreement. All rights and benefits of this Agreement from H&R Block are intended solely for original user of the Tax Program. You may not assign, delegate or otherwise transfer this Agreement or any of your rights under this Agreement. H&R Block may assign this Agreement in its sole discretion and will use reasonable efforts to notify you of an assignment. The remedies under this Agreement are for you only and they are not assignable or transferable by you. This Agreement shall inure to the benefit of H&R Block and its respective permitted successors and assigns.Back to Top
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT THAT MAY BE ENFORCED BY ANY PARTY UNLESS YOU OPT-OUT AS DESCRIBED IN SECTION 12.
THIS AGREEMENT CONTAINS A CONSENT TO RECEIVE REQUIRED DISCLOSURES ELECTRONICALLY AS DESCRIBED IN SECTION 14.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.Back to Top
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