This Online Services Agreement (the "Agreement") is a legally binding contract between you and HRB Digital LLC and HRB Tax Group, Inc. ("H&R Block"). This Agreement governs your use of any of the following: (1) the 2016 online and mobile version of the H&R Block tax software (the "Software"); (2) MyBlock account and related functionality on the H&R Block Mobile App as described in Section 6 below ("MyBlockSM"); (3) Ask a Tax Advisor ServiceSM as described in Section 7 below ("ATA Service"); (4) Best of Both Service as described in Section 8 below ("Best of Both Service"); (5) Automatic Importing of Tax Information as described in Section 9 below; (6) Healthcare Subsidy Reconciliation and Penalty Calculation as described in Section 10 below; and (7) any other related H&R Block tax program service or other products or service that you select, pay for or use in connection with H&R Block's tax preparation products and services, or other services provided by H&R Block or its Affiliates. For purposes of this Agreement, "Products and Services" means the items listed in (1)-(7) above collectively, individually, or any combination thereof. The Products and Services may be provided by H&R Block, or H&R Block Affiliates (as defined below) or franchisees, and additional terms and conditions may apply to some Products and Services. If so, they will be provided to you at the time you elect to use the Product or Service. 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 LICENSE AND PROVIDE ACCESS TO THE PRODUCTS AND SERVICES TO YOU 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 19 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, COPYING OR OTHERWISE USING ANY PART OF THE PRODUCTS AND SERVICES, 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, DOWNLOAD OR USE ANY PART OF THE PRODUCTS AND SERVICES. 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 and its Affiliates grants to you a limited, non-exclusive, personal, non-transferable right to use and access the Products and Services to: (1) prepare and electronically file ("e-file") your United States ("U.S.") federal personal tax returns ("e-filings"); (2) prepare and provide information for your personal state tax returns; (3) subject to your payment of all applicable fees, e-file your personal state tax returns; (4) subject to your payment of all applicable fees, prepare and file your U.S. federal business tax return; and (5) subject to your payment of all applicable fees, prepare and provide information for your business state tax returns (the rights granted in items (1)-(5) are collectively referred to as the "License"). You understand that use of the Products and Services to e-file your personal state tax returns, to prepare and submit certain tax schedules, and to prepare, provide information and submit business tax returns may require payment of an additional fee. This License grants access to and use of the Products and Services only in the manner set forth in this Agreement and in accordance with the type of Products and Services for which you have paid all applicable fees. You may only use the Products and Services through H&R Block's online computer service available at www.hrblock.com or an approved third-party website as H&R Block may direct. You may not use the Products and Services in connection with providing tax advice or to provide any other services to any other party. You agree that you, and not H&R Block, are the preparer of any tax return filed using the Products and Services, and prior to filing your tax returns you shall have sole responsibility and liability for reviewing all of your federal and state tax returns for accuracy and completeness and for otherwise verifying any results derived from using the Products and Services.Back to Top
You may not, directly or indirectly: (1) re-distribute, sell, rent, loan, or otherwise transfer the Products and Services or any rights in or to the Products and Services to any other person or entity; (2) use the Products and Services in any manner other than its intended manner or for the benefit of any third parties, including by making the Products and Services 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 Products and Services enable, facilitate or comprise part of such service(s), or by using or accessing the Products and Services to prepare documents for any other person, 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; (3) duplicate the Products and Services by any means, including electronically; (4) remove any proprietary notice, labels, or marks on or in the Products and Services; (5) derive or attempt to derive any source code for the Products and Services; or (6) disable or circumvent any access control or related device, process or procedure established with respect to the Products and Services. You are responsible for all use of the Products and Services and for compliance with this Agreement and any breach by you or any user of the Products and Services provided to you shall be your responsibility. H&R Block reserves all rights not expressly granted to you.Back to Top
The Products and Services are protected by U.S. patent, trademark and copyright law and international treaty provisions. Title to the Products and Services 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 Products and Services, you acquire no ownership interest in the Products and Services or any derivative work or component of the Products and Services. 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 decompile, disassemble, modify or reverse engineer the Products and Services, 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 Products and Services or any part thereof. H&R Block and its Affiliates are the exclusive owners of the copyright for the Products and Services and H&R Block reserves all rights related to such ownership, including the exclusive right to make derivative works of the Products and Services and to duplicate, distribute, license and sell the Products and Services. You acknowledge and agree that the Products and Services, any enhancements, corrections, upgrades or modifications to the Products and Services (regardless of whether made by H&R Block, its Affiliates, its licensors, 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 Products and Services (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 Products and Services is subjec to H&R Block's privacy notice, made available to you in full at: http://www.hrblock.com/universal/software_privacy_policy.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 Products and Services, you may be required or requested to supply certain information used to prepare your tax return ("Tax Information"), and other personal information. If you use the automatic importing of tax information feature (described in Section 9 below) in connection with the Products and Services to import selected Tax Information from financial institutions or financial software, you are responsible for verifying the accuracy of such imported Tax Information. If you e-file your tax return, H&R Block will collect and transmit your Tax Information through our affiliated electronic transmitter to the Internal Revenue Service ("IRS") and the state revenue authority that you designate, as applicable. IRS and state revenue authorities may generally be referred to in this Agreement as a "Revenue Authority." H&R Block and its Affiliates will retain an electronic copy of your Tax Information and other collected personal 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 Software.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 personal 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). If an H&R Block tax professional does not file your tax return (e.g., through Best of Both), 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
MyBlockSM is an online information management service that allows you to manage your personal information that H&R Block maintains across its various business lines by consolidating it in one place. This information can also be managed and accessed through the H&R Block Mobile App. Examples of personal information managed by MyBlockSM include contact information, tax return information and supporting documentation (i.e., W-2s), tax return status, healthcare information, financial products information and access (i.e., Emerald Card), health care enrollment information, user preferences, and previous year's tax returns. You may add information about yourself and store it for future use subject to this Agreement. When you use MyBlockSM, you represent that all information that you provide is accurate, current and complete, and that you have the right to provide such information to H&R Block. You agree not to misrepresent your identity or your account information. If you provide any information or content in My Block that is untrue, inaccurate, not current, incomplete, pornographic, or improper as of the date the information was provided, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without limitation, to delete the information or content, or suspend or terminate any of your accounts and to refuse any and all current or future use of MyBlockSM and the Products and Services. If you use MyBlockSM, you will create a unique username and password for your account upon completing the registration process. You are responsible for maintaining the confidentiality and security of your username and password, and are fully responsible for all activities that occur under your account. You agree to abide by the security provisions in Section 18 below in protecting your MyBlockSM username and password. H&R Block will have no liability to you for any unauthorized access or transaction made using your username and password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your account or password even without receiving such notice from you, if we suspect your password is being used in an unauthorized or fraudulent manner. If your status as a user of MyBlockSM is terminated, you must (i) cease using MyBlockSM and any information obtained from MyBlockSM, and (ii) destroy all copies of your account information, password and any information obtained from MyBlockSM. We cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of your data, personalization settings, or other MyBlockSM interruptions. We do not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings. We reserve the right to change or cancel MyBlockSM at any time without notice for any reason, including your non-use of MyBlockSM. You agree that we will not be liable to you or any third party for any modification or discontinuance of MyBlockSM.Back to Top
The Ask a Tax AdvisorSM service allows you to submit a tax-related question and receive responses from H&R Block, its Affiliates, or an H&R Block tax professional (each are referred to in this Section 7 as an "ATA Provider") through a chat function on an H&R Block designated website. Depending on which H&R Block Product or Service you select, additional charges may apply for the ATA Service. ATA Providers attempt to respond to your question or request (the "ATA Request") as soon as possible within 48 hours, or, depending on the nature of your ATA Request, a response will be researched and provided to you at a later time. In cases where your ATA Request is not answered within 48 hours, H&R Block agrees to use commercially reasonable efforts to provide the ATA Service in a timely manner, provided that you cooperate with the ATA Provider as necessary to provide the information requested and that you review information provided or prepared by the ATA Provider in a timely manner and reasonably in advance of any applicable tax filing deadlines. You are solely responsible for any communications charges associated with your use of the ATA Service. The ATA Provider reserves the right to terminate your access to the ATA Service for any or no reason. Response times to your ATA Request may vary during times of increased volume of inquiries, as a result of technical problems with ATA Provider systems, where you present questions of unusual complexity or detail, and where you have not provided all the necessary information to adequately answer a question. For these or other reasons, the ATA Provider may not be able to answer a particular ATA Request in a timely manner or at all. Depending on the complexity or nature of an ATA Request, the ATA Provider reserves the right to refuse any such ATA Request and refund to you any fee paid by you for the ATA Service. The ATA Provider is not providing to you, and the ATA Service is not and shall not be deemed nor construed to be, legal advice, financial advice, tax preparation services, or investment recommendations. It is recommended that you consult with your own legal, financial and investment advisors, where appropriate. The response by the ATA Provider to your ATA Request may not be a direct or complete answer, but may consist of a reference to applicable IRS regulations which the ATA Provider believes are appropriate under the circumstances and in consideration of the information that you have provided. In such case, it is your responsibility to interpret such regulations and their applicability to your particular situation. The ATA Service is limited to U.S. tax issues and to customers who are eighteen (18) years of age or older. Additionally, the ATA Service does not include solutions to payroll tax questions or questions about the tax law applicable to estates, trusts, corporations, partnerships, gifts and tax exempt organizations. The ATA Service is for your own personal, non-commercial use only. You may not use the information provided in connection with the ATA Service for any purpose except for the preparation of your own personal, individual tax return. You have sole responsibility and liability for reviewing your federal and state tax returns for accuracy and completeness, and for otherwise verifying results derived from using the ATA Service prior to filing your tax returns.Back to Top
H&R Block and its Affiliates and franchisees (each are referred to in this Section 8 as a "Best of Both Provider") may offer, and you may select and pay for, supplemental tax return preparation services such as tax return review, tax advice or related services in connection with your use of H&R Block's Best of Both Service. If you select and pay for the Best of Both Service, the Best of Both Provider will, as directed by you, provide tax advice, review a tax return you have prepared, prepare your tax return using information you have provided in connection with the Software and e-file your tax return with the IRS and a state revenue authority, as applicable. You are required to provide all information and copies of all documents used to prepare your tax return (income documents such as W-2s and 1099s, deduction documents such as 1098 and 1098T, expense documents, etc.) to the Best of Both Provider. H&R Block agrees to use commercially reasonable efforts to provide the Best of Both Service you have selected and paid for, provided that you cooperate with the Best of Both Provider and that you provide any information, tax forms, records or documentation requested by the Best of Both Provider and review information provided or prepared by the Best of Both Provider in a timely manner and reasonably in advance of any applicable tax filing deadlines. If you do not provide complete and accurate information, or if you do not cooperate with the Best of Both Provider, your tax return may be inaccurate or incomplete, and any guarantee offered by H&R Block will be void. The Best of Both Provider reserves the right to refuse to provide the Best of Both Service to any person or to charge an additional hourly service fee for manual data entry or other services or tax schedules.
If a Best of Both Provider files your tax return, you are not eligible to obtain the Accurate Calculations Guarantee discussed in Section 11 below, but you may have the opportunity to purchase additional products not available to Software users.Back to Top
H&R Block or its Affiliates may enter into agreements with certain financial institutions that will allow you to electronically import certain Tax Information (e.g. W-2 and 1099 information), as defined in Section 4 above, from such financial institutions directly into the Software. H&R Block does not represent or guarantee that such automatic importing of certain Tax Information will be available or accurate. While the imported Tax Information may be used in connection with the preparation and filing of your tax returns, H&R Block is not responsible for verifying the accuracy of your Tax Information (whether imported or not) and you understand that it is solely your responsibility to review and confirm the accuracy of your Tax Information prior to filing your tax return. If you elect to use automatic importing of tax information, you acknowledge and understand that H&R Block and its Affiliates use their data systems to complete the transfer of your Tax Information from the financial institution into the Software. As a result, H&R Block and its Affiliates will have access to your Tax Information.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 e-file (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 e-file (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 and Maximum Refund Guarantee discussed in Sections 11 and 12 below do not apply to any refund, 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 personal or business return that you would otherwise not have been required to pay, up to a maximum of ten thousand dollars ($10,000), provided that the penalty and interest were incurred solely and directly as a result of: (1) an arithmetic error made by the Software; (2) incorrect advice provided to you on the chat transcript in connection with the ATA Service (excluding any communication with you by telephone, or otherwise in connection with the Products and Services); or (3) incorrect advice provided to you in connection with the Best of Both Service. H&R Block will not reimburse you for your choice to take a credit or deduction suggested to you by the Software. You are responsible to confirm you eligibility for any credit or deduction and to confirm that the information is accurate. You are responsible to include any required form in your tax return even if the form is not supported by the Software, and the Accurate Calculations Guarantee does not apply to forms not supported by the Software. H&R Block will only reimburse you for penalties and interest you actually pay to a Revenue Authority and only for those individual states for which you have paid H&R Block for use of the state portion of the Software and used such Software to file the state tax returns.Back to Top
In order to qualify for the reimbursement under this Section 11, all of the following conditions must be met: (1) the penalty and interest is for your 2016 tax year personal or business 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 (including through automatic importing of tax information), your failure to follow Software instructions, your failure to correct and resolve errors identified by the Software, 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 within 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 timely 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 (in paper and electronic format readable by the Software), 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 license restrictions, 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, to H&R Block for license of the Software and any applicable Products and Services, as applicable, at the time of the initial filing or printing of your tax return; (8) the penalty or interest must not be based upon incorrect advice you receive 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 2016 tax year version of the Software in accordance with this Agreement and the operating instructions.Back to Top
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 tax returns you filed for the 2016 tax year using the Software (including business returns), regardless of whether the tax returns are federal or state returns. THIS SECTION 11 STATES H&R BLOCK'S ENTIRE OBLIGATION AND LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY ERRORS IN YOUR RETURN CAUSED BY THE PRODUCTS AND SERVICES OR H&R BLOCK. The monetary remedies available under this Section 11 shall not be available if you request a refund for any Software pursuant to Section 12 below, of this Agreement. The rights and benefits afforded by this Section 11 are personal to the original licensee of the Software and may not be assigned or otherwise transferred to any other party.Back to Top
If you find another do-it-yourself tax software preparation method that results in a larger refund (or smaller tax liability) than that calculated by the Software for your personal or business tax returns, we will refund the purchase price of the Software and you may file an amended return using our tax software program at no additional cost. To qualify, the smaller tax liability must not be due to differences in data supplied by you, your choice not to claim a deduction or credit, your return including a form that is not supported by the Software, or positions taken on your return that are contrary to law or any Revenue Authority regulations. To make a claim, mail a copy of the federal and state tax return created by the Software as well as the federal and state return prepared by the alternative tax software preparation method (and any other relevant information reasonably requested by H&R Block) to ATTN: Refund Claims, HRB Digital LLC, P.O. Box 10435, Kansas City, Missouri 64171-0435 within the same calendar year in which your tax return was prepared and filed. Returns prepared by any other H&R Block-branded tax preparation solution are not qualifying alternative tax preparation methods. This Section 12 does not apply to supplemental products or services you may have obtained as a result of, or through, your use of the Software. The rights and benefits afforded by this Section 12 are personal to the original licensee of the Software and may not be assigned or otherwise transferred to any other party.Back to Top
The Products and Services may include use of H&R Block's DeductionPro online deduction services program ("DeductionPro"). The values of all items contained in DeductionPro are compiled based upon research by H&R Block of average fair market values for clothing, appliances, sporting goods and other items. The value of an item is primarily based upon the quality and condition of the item, which you independently determine and input into DeductionPro. H&R Block recommends that you retain detailed descriptions and photographs of donated items in the event that any of your valuations are challenged by the IRS or any state revenue authority. DeductionPro is a tool to help users track and value their charitable donations and other itemized deductions. DeductionPro does not calculate or accommodate complex tax situations or issues such as charitable trust donations, partial interest donations, carryovers from the previous year's donations, or non-cash donations of over $5,000 in value. If you have any questions about a valuation, you should consult with a qualified appraiser or tax advisor. If the IRS objects to the values placed on in-kind donations by DeductionPro or if any mathematical calculations provided by DeductionPro are inaccurate, then as your sole and exclusive remedy H&R Block will reimburse you for any resulting penalties or interest (but not additional taxes) assessed by the IRS that resulted directly and solely from such incorrect valuation or mathematical error caused by DeductionPro, subject to the limitations set forth in Section 11 of this Agreement; provided and on the condition that you: (1) accurately identify the donated item from the list of items contained in DeductionPro and accurately assess the quality and condition of the item; (2) obtain and possess documentation of your donation from the charitable organization and an appraisal for the items as required by law; (3) obtained access to DeductionPro from H&R Block or an authorized source and used it for the 2016 tax year only; (4) notify H&R Block at HRB Digital LLC, Calculations Guarantee Claims, P.O. Box 10435, Kansas City, Missouri 64171-0435 no later than thirty (30) days after you receive notice from a Revenue Authority that the penalty or interest has been assessed; and (5) send H&R Block complete documentation of the penalty and interest including all correspondence to and from the IRS, a copy of your tax return as filed with the IRS (in paper and electronic media), proof that you paid the penalty and interest and other information H&R Block reasonably requests. This warranty does not apply to any items (or groups of similar items) for which you claimed a deduction of more than $5,000 per item or group; to items not contained in DeductionPro's database; to donations of automobiles; publicly traded securities or appreciated property; to items for which you cannot substantiate the deduction or the condition of the deduction; or to any property for which you enter your own valuation or override the valuation suggested by DeductionPro.Back to Top
H&R Block will use commercially reasonable efforts to make the Software (or a comparable replacement program) available until October 15, 2017, subject to maintenance, testing and other limitations described in this Agreement.Back to Top
OTHER THAN THOSE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, H&R BLOCK AND ITS AFFILIATES AND FRANCHISEES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES. 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 PRODUCTS AND SERVICES. H&R BLOCK AND ITS AFFILIATES AND FRANCHISEES DO NOT WARRANT OR PROMISE THAT THE PRODUCTS AND SERVICES WILL IDENTIFY THE APPROPRIATE DOCUMENTS FOR YOUR NEEDS OR THAT THE PRODUCTS AND SERVICES ARE FREE FROM BUGS OR ERRORS; NOR DOES H&R BLOCK OR ITS AFFILIATES AND FRANCHISEES MAKE ANY OTHER PROMISES ABOUT THE PERFORMANCE, ACCURACY, OR RELIABILITY OF THE PRODUCTS AND SERVICES OR THEIR ABILITY TO MEET YOUR REQUIREMENTS. WHILE H&R BLOCK AND ITS AFFILIATES AND FRANCHISEES ARE PROVIDING THE PRODUCTS AND SERVICES AS A GENERAL TOOL TO ASSIST YOU IN PREPARING AND FILING YOUR TAX RETURNS AND OTHER FUNCTIONS, THE PRODUCTS AND SERVICES DO NOT REPLACE YOUR OBLIGATION TO EXERCISE YOUR INDEPENDENT JUDGMENT IN USING THE PRODUCTS AND SERVICES. YOU ARE SOLELY RESPONSIBLE FOR CORRECTLY INPUTTING YOUR INFORMATION INTO THE PRODUCTS AND SERVICES AND FOR VERIFYING ALL OUTPUTS RESULTING FROM YOUR USE OF THE PRODUCTS AND SERVICES. H&R BLOCK AND ITS AFFILIATES AND FRANCHISEES DO NOT WARRANT ANY PARTICULAR RESULTS THAT YOU MAY OBTAIN IN USING THE PRODUCTS AND SERVICES.
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, USED OR ACQUIRED THE PRODUCTS AND SERVICES.
YOU ACKNOWLEDGE THAT H&R BLOCK AND ITS RESPECTIVE LICENSORS, 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 PRODUCTS AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES 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.Back to Top
EXCEPT AS EXPRESSLY PERMITTED BY SECTIONS 11 AND 13, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF H&R BLOCK AND ITS LICENSORS, AFFILIATES AND FRANCHISEES WITH RESPECT TO YOUR USE OF THE PRODUCTS AND SERVICES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO H&R BLOCK FOR THE PRODUCTS AND SERVICES. IN NO EVENT WILL H&R BLOCK OR ITS 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 ITS AFFILIATES, LICENSORS OR FRANCHISEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that H&R Block and its 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 Products and Services; (2) your use of any documents generated by the Products and Services; (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 Products and Services or obtaining updates for the Products and Services; or (5) any fees, costs or expenses arising out of troubleshooting or technical support for the Products and Services.
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 Products and Services on an economical basis without these limitations.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.
17.1 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.
17.2 Hardware and Software Requirements.
17.3 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.
17.4 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.
17.5 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.
17.6 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
You agree to take reasonable security precautions to protect any passwords and user IDs associated with your use of the Products and Services. These precautions shall be at least as great as the precautions that you take to protect your own computer equipment, software and online financial accounts, but in no event less reasonable and prudent care. You will notify H&R Block immediately of any unauthorized use of your user ID/name, your password or the Products and Services 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 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 Products and Services.Back to Top
19.1. 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 19.3 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
19.2. 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
19.3. 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
19.4. 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
19.5. 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
The Products and Services are provided solely for lawful, non-commercial purposes and use. You shall be solely responsible for, and you agree to comply with, all applicable laws, statutes, ordinances, and other rules of any applicable governmental authority, however designated. Without limiting the foregoing, you agree to comply with all U.S. export laws and applicable export laws of your locality (if you are not in the U.S.), and shall not export the Products and Services or other materials provided by H&R Block without first obtaining all required authorizations or licenses. The Products and Services, including any associated documentation, is provided subject to H&R Block's standard agreements; products acquired for use within or for any U.S. federal agency are provided with "LIMITED RIGHTS" and "RESTRICTED RIGHTS" as defined in DFARS 252.227-7013 and FAR 52.227-19.
You acknowledge that any and all software provided with the Products and Services is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you must comply with all domestic and international export laws and regulations that apply to such software. These laws include restrictions on destinations, end users and end use. You expressly agree that you will not download, transfer, export or re-export the Products and Services, directly or indirectly, to: (1) any countries (or citizens, nationals or residents of any countries) that are subject to U.S. export restrictions (including, but not limited to, Cuba, Iran, Iraq, Sudan, Libya, North Korea and Syria); (2) any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end-user who you know or have reason to know will utilize the Products and Services in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Products and Services may include technical data subject to export and re-export restrictions imposed by U.S. law.
You acknowledge that H&R Block specifically prohibits the downloading, possession, use or transmission of the Products and Services by any citizen, national, or resident of, or under control of, the government of Cuba, Iran, Iraq, Sudan, Libya, North Korea, Syria or any other country to which the U.S. has prohibited export, any person or entity listed on the U.S. Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, or as listed on the U.S. Department of Commerce Table of Denial Orders.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 Products and Services and destroy all copies of the Products and Services and certify in writing to H&R Block your compliance with this Section 22.Back to Top
23.1 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.
23.2 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.
23.3 Amendments. H&R Block may, in its sole discretion, change the terms of this Agreement or make changes related to any aspect of the Products and Services. 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 Products and Services. Continued use of the Products and Services 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 19.5 of the Arbitration Agreement above.
23.4 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 Block's 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.
23.5 Severability. Except as provided in Section 19.3, 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.
23.6 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.
23.7 Miscellaneous. Any and all references in this Agreement to H&R Block and its Affiliates, shall, where the context so permits, include H&R Block's 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, 2, 3, 15, 16, 17, 19, 20, 21, and 23) shall survive the 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.
23.8 Third Party Beneficiaries; Assignment. This Agreement is solely between you and H&R Block. H&R Block's respective licensors, suppliers, franchisees and Affiliates 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 the original purchaser of the Products and Services. 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 and all other rights and benefits provided under this Agreement are personal to the original purchaser of the Products and Services from H&R Block or from its authorized reseller and such rights and benefits may not be assigned or otherwise transferred to any other party. This Agreement shall inure to the benefit of H&R Block and its respective permitted successors and assigns.
23.9 Taxation. The taxability of the Products and Services will be determined and governed by the purchase agreement or invoice for the specific Products and Services used or paid for.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 19.
THIS AGREEMENT CONTAINS A CONSENT TO RECEIVE REQUIRED DISCLOSURES ELECTRONICALLY AS DESCRIBED IN SECTION 17.
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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