H&R Block Free File Alliance
Tax Program Services Agreement
Tax Year 2017

1. Introduction.

1.1 This H&R Block® Tax Program Services Agreement ("Agreement") is a contract between you and HRB Digital LLC (collectively, "H&R Block," "we," or "us"). This Agreement governs your use of the 2017 version of the H&R Block online tax program services described in Section 6 below and accompanying documentation (the "Tax Program").

1.2 Be sure that you carefully read and fully understand this Agreement.

  1. (A) You may use H&R Block's Tax Program only if you agree to all the terms of the Agreement.
  2. (B) You are considered to have agreed to all the terms of the Agreement if you check your acceptance of the terms of the Agreement during the creation of your account, or you otherwise access, copy, or use the Tax Program.
  3. (C) You do not have the right to access and use the Tax Program if you do not agree to the terms of this Agreement.

1.3 THIS AGREEMENT INCLUDES A BINDING ARBITRATION AGREEMENT IN SECTION 11 THAT REQUIRES RESOLUTIONS OF DISPUTES BY INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT AS PROVIDED IN SECTION 11.

1.4 THIS AGREEMENT INCLUDES YOUR CONSENT TO ELECTRONIC COMMUNICATIONS AS PROVIDED IN SECTION 12.

1.5 Definitions of key terms are provided in Section 15 below.

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2. Your Use of The Tax Program.

2.1 Your licensed and permitted use. H&R Block grants you a non-exclusive, non-transferrable, non-sublicenseable, and limited license to access and use the Tax Program for your individual personal under the terms, conditions, and limitations set forth in this Agreement and payment of all applicable fees. H&R Block reserves any and all rights not expressly granted to you in this Agreement.

2.2 Your account.

  1. (A) Creating your account. You will be required to register and create an account with us in order to access the Tax Program. You will be assigned or will select a user name and password through the registration process. By creating an account, you consent to receive e-mail correspondence from H&R Block regarding your account or your use of the Tax Program.
  2. (B) Accurate information. By registering or creating an account to use the Tax Program, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, email, address, and or telephone number when registering for an account to use the Tax Program.

2.3 Maintaining the security of your account. You are responsible for all use of the Tax Program under your account.

  1. (A) Account protection. You are responsible for setting up and keeping confidential your account, username, password, and other sensitive information. You must take security precautions with at least reasonable and prudent care.
  2. (B) Unauthorized use of the Tax Program. You will notify us immediately of any unauthorized use of the Tax Program including use of your account, username, password, or any other security breach of which you are aware.
    1. (1) Notification of unauthorized use. We will have no liability to you for any unauthorized access or transaction made using your account, username or password, that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
    2. (2) Suspension of your account. If we suspect any unauthorized or fraudulent use, we may suspend or cancel your account, username or password even without receiving notice from you.
  3. (C) Your equipment. You are solely responsible for all device and network security for devices used to access and use the Tax Program, including but not limited to any active firewall, anti-virus software, and anti-spyware software necessary to secure and protect any proprietary or confidential information that you provide, store, submit, send, or disclose directly or indirectly with your use of the Tax Program.

2.4 Conditions of Use.

  1. (A) Minimum Age. You must be 18 years of age or older to use the Tax Program. You represent you are 18 years of age or older.
  2. (B) Payment of Applicable Fee. Your use of the Tax Program to e-file state tax returns and to prepare and submit certain tax schedules may require you to pay a fee to H&R Block, and your use of these features may be conditioned upon paying the applicable fee. In the event that H&R Block processes your payments using a third-party payment processor, such payments will be governed by the third-party payment processor's terms of use and privacy policy.
  3. (C) Prohibited use. You must not, directly or indirectly use the Tax Program in a way that is a Prohibited Use (as defined in Section 15).
  4. (D) Additional limitations. Specific limitations to each of the Tax Program are explained further in Section 6.

2.5 You are responsible for the accuracy and completeness of information.

  1. (A) Tax returns you file. You will be the preparer of any tax return filed using the Tax Program. You have the sole responsibility and liability for reviewing and verifying all tax returns and results from the Tax Program for accuracy and completeness.
  2. (B) Information you provide. You represent that all information you provide is true and accurate and that you have the right to provide the information to us. You grant H&R Block a perpetual and royalty-free license to reproduce, use, store, and process any information that you provide, including Tax Information and other personal information, (1) as necessary for H&R Block to provide the Tax Program, and (2) in a de-identified and aggregated format throughout the world for any purpose. If you provide, or we reasonably believe you have provided, information that is false, incorrect, incomplete, pornographic, or improper, we have the right to delete the information, suspend any of your accounts, and refuse all current or future use of the Tax Program.

2.6 Compliance with applicable laws. You are solely responsible for compliance with all applicable laws, statutes, ordinances, and governmental authority rules, including those related to data privacy, international communications and the transmission of personal data.

2.7 Unauthorized use of the Tax Program. You are responsible for all use of the Tax Program and compliance with this Agreement. You have all responsibility and liability for any breach of this Agreement by you or any user under your account.

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3. Intellectual property rights. The Tax Program, modifications, copyrights, patents, trade secrets, trademarks, and other intellectual property rights pertaining to any aspect of the Tax Program are our exclusive property. You acquire no ownership interest, derivative work, or component of the Tax Program through your use of the Tax Program. You are not granted right, title, or interest to any trademark, service mark, logo, or trade name of H&R Block under this Agreement.

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4. Your Privacy.

4.1 Our Privacy Notice. Your use of the Tax Program is subject to our Privacy Notice, available at: http://www.hrblock.com/universal/software_privacy_policy.html.

4.2 Changes to our Privacy Notice. Consistent with applicable law, we reserve the right to change the Privacy Notice at any time. If we make a material change to the Privacy Notice, we will

  1. (A) post a notice on our web site describing the change, or
  2. (B) send you paper or electronic notification of the change.

4.3 Your Tax Information. Through your use of the Tax Program, you may be required or requested to supply certain Tax Information or other personal financial information.

  1. (A) E-file. If you e-file your tax return, we will collect and send your Tax Information through our affiliated electronic transmitter to the Revenue Authority that you designate. In compliance with applicable law, we will keep an electronic copy of your Tax Information, including e-filing details and status.
  2. (B) Errors. We may alert the Revenue Authority to correct or identify errors in the Tax Program.
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5. Your Access to Tax Program

5.1 Cancelation or modification of Tax Program. We reserve the right to change, cancel, or terminate your use of Tax Program at any time, without notice, and for any reason. We will not be liable to you or any third party for any modification or discontinuance of Tax Program.

5.2 Technical difficulties. We cannot always anticipate technical or other difficulties. These difficulties may result in loss of your data, personal settings, or other interruptions to the Tax Program. We have no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personal settings with the Tax Program.

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6. The Tax Program.

6.1 2017 Software.

  1. (A) Software limitations. The Software may be used only for the following:
    1. (1) prepare and e-file your 2017 U.S. federal tax returns;
    2. (2) prepare and provide information for your 2017 state tax returns; and
    3. (3) e-file your personal state tax returns.
  2. (B) H&R Block will make commercially reasonable efforts to keep the Software available to you until October 15, 2018.

6.2 Electronic Filing (e-file).

  1. (A) Your responsibility. You are solely responsible for verifying that your tax returns have been filed and received by the applicable Revenue Authorities. You are responsible for taking appropriate alternative actions if necessary to ensure the Revenue Authority receives your tax return, and for retaining a copy of your tax returns for your records.
  2. (B) State requirements. The ability to e-file your state tax return depends on the policy of each individual state. As such, e-filing may not available in some states. Some states may require you to e-file your personal federal and state tax returns at the same time.
  3. (C) Our limited responsibility to e-file. Our only responsibility with respect to e-filing your tax return is limited to using commercially reasonable efforts to send your tax return electronically to the Revenue Authority.

6.3 Healthcare Subsidy Reconciliation and Penalty Calculation.

  1. (A) Healthcare specific software. The Software will calculate any healthcare subsidy reconciliation and any penalty you are required to pay because of a lack of healthcare coverage. Additionally, the Software will:
    1. (1) e-file or include in the printout IRS Form 8962;
    2. (2) automatically include the calculated reconciliation or penalty amount into your refund or amount you owe; and
    3. (3) e-file or include in the printout IRS Form 8965 if you already have a penalty exemption number.
  2. (B) Filing of your penalty. You are required to file the penalty exemption application with the IRS. Although the Software may pre-fill a penalty exemption application, we will not and are not required to file the penalty exemption application for you.
  3. (C) Your eligibility for other guarantees. Accurate Calculations Guarantee and Maximum Refund Guarantee discussed in Sections 7.1 and 7.2 below do not apply to any refund, penalty, or interest amount altered by a penalty exemption that is granted after the original tax return was filed.
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7. Limited Guarantees.

7.1 Accurate Calculations Guarantee. If you used and paid for the Software, and subject to the conditions below, we agree to reimburse you for the penalty and interest that you would otherwise not have been required to pay.

  1. (A) Qualifications for reimbursement. To qualify for the reimbursement under this Section 7.1, all the following conditions must be met:
    1. (1) The penalty and interest is for your 2017 tax year personal return.
    2. (2) You used the Software in accordance with all terms and conditions of this Agreement and any operating instructions.
    3. (3) You filed the return by April 17, 2018 or you filed the return by the filing date that was properly extended.
    4. (4) You paid the amount of penalties and interest to a Revenue Authority.
    5. (5) The penalty and interest caused solely and directly because of an arithmetic error made by the Software.
    6. (6) 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.
    7. (7) You timely sent us complete documentation of the penalty and interest, including
      1. (a) all correspondence to and from each Revenue Authority,
      2. (b) a paper and electronic copy that is readable by the Software of your tax returns filed with each Revenue Authority,
      3. (c) proof that you paid the penalty and interest, and
      4. (d) any other relevant information we reasonably request;
    8. (8) You took any action reasonably requested by us including filing an amended tax return if necessary, to limit any further penalties and interest from accruing.
    9. (9) You paid any applicable fees for license of the Software and the Tax Program at the time of the initial filing or printing of your tax return.
    10. (10) The penalty or interest is not based on incorrect advice you received from us that you knew was incorrect at the time you filed your return.
    11. (11) You did not provide any false information in connection with your account registration or tax return.
    12. (12) The Software is originally licensed to you and is not assigned or otherwise transferred from another party.
  2. (B) Ineligibility for reimbursement. We will not reimburse you for penalty or interest resulting from:
    1. (1) your choice to take a credit or deduction suggested to you by the Software;
    2. (2) any form not supported by the Software;
    3. (3) interest from the filing deadline to the date you filed your return if you filed your return late;
    4. (4) more than an aggregate of ten thousand dollars ($10,000) in interest and penalties owed to any Revenue Authorities based on all federal or state tax returns, including business returns, you filed for the 2017 tax year using the Software;
    5. (5) incorrect entry of data by you or any third party;
    6. (6) data incorrectly imported into the Software from a financial institution, Automatic Importing of Tax Information, or other software;
    7. (7) your failure to follow the Software instructions;
    8. (8) your breach of any of the terms of this Agreement;
    9. (9) your failure to correct and resolve errors identified by the Software;
    10. (10) a claim for an improper or unsupportable deduction;
    11. (11) a failure to report income;
    12. (12) your failure to provide all necessary information to us;
    13. (13) an incorrect interpretation of the law by you; or
    14. (14) any other reason outside of our control.
  3. (C) Exclusive remedy. This Section 7.1 states our entire obligation and liability and your exclusive remedy for any errors in your return caused by us or the Software.
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8. Disclaimer of Warranties.

8.1 General Disclaimer. OTHER THAN THOSE EXPRESS WARRANTIES AND GUARANTEES SET FORTH IN THIS AGREEMENT, H&R BLOCK, H&R BLOCK AFFILIATES, AND FRANCHISEES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE TAX PROGRAM.

  1. (A) Disclaimer of implied warranty. 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 LICENSE AND USE OF 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 AND IN SUCH CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW FROM THE DATE YOU FIRST ACCESSED, USED OR ACQUIRED THE TAX PROGRAM.
  2. (B) Disclaimer of express warranty. OTHER THAN EXPRESSLY PROVIDED IN THIS AGREEMENT, H&R BLOCK, H&R BLOCK AFFILIATES, AND FRANCHISEES DO NOT WARRANT OR PROMISE THAT THE TAX PROGRAM WILL IDENTIFY THE APPROPRIATE DOCUMENTS FOR YOUR NEEDS, THAT THE OPERATION OF THE TAX PROGRAM WILL BE UNINTERRUPTED, OR THAT THE TAX PROGRAM ARE FREE FROM BUGS OR ERRORS. OTHER THAN EXPRESSLY PROVIDED IN THIS AGREEMENT, H&R BLOCK, H&R BLOCK AFFILIATES, AND FRANCHISEES MAKE NO OTHER PROMISES ABOUT THE PERFORMANCE, ACCURACY, OR RELIABILITY OF THE TAX PROGRAM OR THEIR ABILITY TO MEET YOUR REQUIREMENTS. WHILE H&R BLOCK, H&R BLOCK AFFILIATES, AND FRANCHISEES ARE PROVIDING THE TAX PROGRAM AS A GENERAL TOOL TO ASSIST YOU IN PREPARING AND FILING YOUR TAX RETURNS AND OTHER FUNCTIONS, THE TAX PROGRAM DO NOT REPLACE YOUR OBLIGATION TO EXERCISE YOUR INDEPENDENT JUDGMENT IN USING THE TAX PROGRAM. 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. OTHER THAN EXPRESSLY PROVIDED IN THIS AGREEMENT, H&R BLOCK, H&R BLOCK AFFILIATES, AND FRANCHISEES DO NOT WARRANT ANY PARTICULAR RESULTS THAT YOU MAY OBTAIN IN USING THE TAX PROGRAM.

8.2 The Tax Program are not legal advice. YOU ACKNOWLEDGE THAT H&R BLOCK AND ITS RESPECTIVE LICENSORS, H&R BLOCK AFFILIATES, AND FRANCHISEES DO NOT PRACTICE LAW NOR ARE THEY PROVIDING OR RENDERING ANY SUCH LEGAL OR OTHER PROFESSIONAL SERVICES TO YOU WITH REGARD TO THE TAX PROGRAM. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE TAX PROGRAM ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ATTORNEY OR OTHER COMPETENT PROFESSIONAL. YOU FURTHER ACKNOWLEDGE AND AGREE THAT LAWS VARY FROM STATE TO STATE AND CHANGE OVER TIME AND THAT THE FINAL DOCUMENTS, FORMS AND LETTERS SHOULD BE REVIEWED BY AN ATTORNEY OR OTHER COMPETENT PROFESSIONAL BEFORE USE AND BEFORE YOU FILE YOUR TAX RETURN.

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9. Limitations on Liability and Damages.

9.1 Exclusive remedy. EXCEPT AS EXPRESSLY PERMITTED BY SECTION 7, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF H&R BLOCK AND ITS LICENSORS, H&R BLOCK AFFILIATES AND FRANCHISEES WITH RESPECT TO YOUR USE OF THE TAX PROGRAM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO H&R BLOCK FOR THE TAX PROGRAM. IN NO EVENT WILL H&R BLOCK, H&R BLOCK AFFILIATES, LICENSORS OR FRANCHISEES BE LIABLE TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, FOR ANY TAX LIABILITIES OR ANY 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 H&R BLOCK AFFILIATES, LICENSORS OR FRANCHISEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 No additional liability. You agree that H&R Block, H&R Block Affiliates, licensors and franchisees 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 or other competent professional with respect to any contract, document or legal matter; (4) connection or toll charges for using the Tax Program or obtaining updates for the Tax Program; or (5) any fees, costs or expenses arising out of troubleshooting or technical support for the Tax Program.

9.3 States excluded. 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.

9.4 Essential purpose of this agreement. You agree that the essential purposes of this Agreement may 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.

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10. Indemnification. You agree to defend and hold harmless H&R Block, H&R Block 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.

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11. ARBITRATION IF A DISPUTE ARISES ("Arbitration Agreement")

11.1 Scope of Arbitration Agreement. All disputes and claims between you and any one or more of the H&R Block Parties (as defined below) will 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 11.3 below, must be determined by the court and not the arbitrator. "H&R Block Parties" includes HRB Digital LLC, HRB Tax Group, Inc., and Emerald Financial Services, LLC; as well as any of their direct or indirect parents, subsidiaries, and H&R Block Affiliates, as well as predecessors, successors, officers, directors, agents, employees, and franchisees of any of them.

Right to Opt Out of This Arbitration Agreement: You are not required to accept arbitration even though you must accept this Agreement to receive service today. You may opt out of this Arbitration Agreement within the first 60 days after you accept this Agreement by fully filling out the form found at www.hrblock.com/goto/optout, or by sending a signed letter to Arbitration Opt-Out, P.O. Box 32818, Kansas City, MO 64171. The letter should include your printed name, the first five digits of your Social Security Number, state, zip code, and the words "Reject Arbitration." If you opt out of this Arbitration Agreement, any prior arbitration agreement will remain in force and effect.

11.2 How arbitration works. Either party may initiate arbitration, which will 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 will agree to, or the court will select, another arbitration provider. Unless you and the H&R Block Parties agree otherwise, any arbitration hearing must take place in the county of your residence. If you accept this Agreement outside the United States, the arbitration hearing must 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 may be resolved prior to arbitration.

11.3 Waiver of right to bring class action and representative claims. All arbitrations will 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 will 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 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 claim for relief, then that claim for relief (and only that claim for relief) must remain in court and be severed from any arbitration. The H&R Block Parties do not consent to, and the arbitrator will not have authority to conduct, any class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims, under any circumstance.

11.4 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.

11.5 Other terms & information. This Arbitration Agreement will 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.

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12. Consent to electronic communication. This consent to electronic communications provides important information required by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and your consent to electronic delivery of any Communications relating to your use of the Products and Services or your relationship with us.

12.1 Scope of consent. You agree that any Communication we provide you may be in electronic form, and that all Communications in electronic format from us to you will be considered "in writing." Your consent to receive Communications electronically applies to all Communications relating to your use of the Products and Services or your relationship with us. You also agree that H&R Block does not need to provide you with an additional paper (non-electronic) copy of the Communications unless specifically requested as described below. You should print or download for your records a copy of this Agreement and any other Communication that is important to you. This consent does not require us to deliver Communications electronically, and we may provide paper copies of Communications at our discretion.

12.2 Method of delivery. We may provide electronic Communications to you in at least one of the following methods:

  1. (A) via e-mail at the e-mail address you designated to us;
  2. (B) by access to a designated area of our website (e.g., MyBlock); or
  3. (C) during 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 Communications.

12.3 Hardware and software requirements. To access Communications, you must have the following:

  1. (A) a Current Version (defined below) of Internet Explorer, Chrome, Safari, or Firefox;
  2. (B) an internet connection;
  3. (C) an email account and related software for accessing the email account;
  4. (D) a Current Version of a program that accurately reads and displays PDF files; and
  5. (E) a device with an operating system capable of supporting all the above. You will need a printer if you wish to print and retain paper records or electronic storage if you wish to retain records in electronic form.
  6. (F) "Current Version" means a version of the software that is currently being supported by its publisher.

12.4 Obtaining paper copies. You have the right to receive a paper copy of Communications. You may request a paper copy of Communications by calling 1-800-HRBLOCK. We must receive your request within a reasonable time after we first provided the Communication to you.

12.5 Withdrawing consent and updating information.

  1. (A) Withdraw consent or update information. If you want to withdraw your consent to receive Communications 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, any communications sent via e-mail will be deemed to have been provided or made available to you in electronic form.
  2. (B) Result of withdrawing consent. If you choose to withdraw your consent to receive Communications electronically, then you may be unable to access certain features or functionality of the Products and Services. In some cases, your decision to withdraw your consent to receive Communications electronically may impede the functionality and features of the Products and Services to an extent that H&R Block terminates your License to use the Products and Services. You acknowledge that some notices may be "one-time" notices for which your consent may not practically be withdrawn after receiving the initial electronic notice.
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13. Termination of this Agreement. Without prejudice to any other rights, H&R Block may immediately terminate this Agreement if you fail to comply with these terms and conditions. Upon termination of this agreement, you must immediately stop use and access to the Tax Program. All provisions of this Agreement that are intended to survive or that must survive in order to give effect to its meaning (including, but not limited to, the provisions of Sections 3, 8, 9, 10, 11, and 14) will survive the termination or expiration of this Agreement.

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14. Other

14.1 Governing law. This Agreement is governed by, interpreted, construed, and enforced in accordance with the law of the state where you accepted this Agreement except to the extent inconsistent with or preempted by federal law.

14.2 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. A representation or statement of any kind made by any representative of H&R Block and not included in this Agreement, is not binding on H&R Block.

14.3 Amendments. We have the sole discretion to change the terms of this Agreement or make changes related to any aspect of the Tax Program. If this occurs, we will provide notice to you via any means we consider reasonable including, without limitation, e-mail, posting on our website, or updates to the Tax Program. After we provide notice, continued use of the Tax Program constitutes 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 11.5 of the Arbitration Agreement above.

14.4 Waiver. No waiver of any provision or condition herein is valid unless in writing and signed by you and an authorized representative of us. Our failure to insist on or enforce strict performance of any provision of this Agreement or any right is not to be construed as a waiver of any provision or right.

14.5 Severability. Except as provided in Section 11, any provision of this Agreement determined to be illegal or unenforceable is automatically reformed and construed 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 will not render invalid the remainder of this Agreement.

14.6 Notices. Except as otherwise indicated, any notices under this Agreement to us 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 specifies in writing. Notices will be effective upon receipt that may be shown by confirmation of delivery.

14.7 H&R Block and H&R Block Affiliates. All references in this Agreement to H&R Block and H&R Block Affiliates, where the context permits, includes H&R Block's and H&R Block Affiliates' respective directors, officers, employees, contractors and agents.

14.8 Agreement headings. The headings contained herein are for the convenience of the parties only and are not be used to interpret or construe any of the terms of this Agreement.

14.9 Third Party beneficiaries and assignment. This Agreement is solely between you and H&R Block. H&R Block's respective licensors, suppliers, franchisees, and H&R Block Affiliates are considered 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 the original purchaser of the Tax Program. You must 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 inures to the benefit of H&R Block and its respective permitted successors and assigns.

15. Definitions.

15.1 "Communications" means all notices, disclosures (including those required by law), agreements, fee schedules, tax returns, records, documents, or other information we provide to you or that you sign or agree to relating to your use of Products and Services or your relationship with us.

15.2 "H&R Block Affiliates" includes any entities that directly or indirectly control, are controlled by, or are under common control with HRB Digital LLC.

15.3 "Prohibited Use" includes any of the following activities when using the Tax Program:

  1. (1) re-distribute, sell, rent, loan, or otherwise transfer the Tax Program or any rights or benefits in the Tax Program to any other person or entity;
  2. (2) share your username or password with any third party;
  3. (3) use the Tax Program in any unintended manner;
  4. (4) use the Tax Program for the benefit of any third parties;
  5. (5) make the Tax Program available on a file-sharing service, application service provider, outsourcing basis, or service bureau basis;
  6. (6) use the Tax Program to provide services for third parties, including but not limited to tax-related advice or consulting services, and preparation of any documents using the Tax Program for a third party;
  7. (7) duplicate the Tax Program by any means;
  8. (8) remove any proprietary notice, labels, or marks on the Tax Program, documentation, advice related to the Tax Program, or any work product generated from your use of the Products or Services;
  9. (9) derive or attempt to derive the source code of the Tax Program;
  10. (10) disable or circumvent any access control or related device, process, or procedure established with respect to the Tax Program;
  11. (11) disassemble, modify, or reverse engineer the Tax Program;
  12. (12) seek to derive the source code from any executable object code provided to you;
  13. (13) modify, translate, or otherwise create derivative works based on any part of the Tax Program;
  14. (14) use the Tax Program in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Tax Program;
  15. (15) upload, post, transmit, share, store, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
  16. (16) upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  17. (17) upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and
  18. (18) upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

15.4 "Revenue Authority" means the IRS and any applicable state revenue authorities.

15.5 "Software" means the hosted 2017 online and mobile version of the H&R Block tax software and related functions provided by H&R Block

15.6 "Tax Information" means all your personal information, documents, and any other information used to prepare your tax return.

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