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ONLINE SERVICES AGREEMENT TABLE OF CONTENTS1. Introduction 2. Your Use of The
Products and Services 3. Intellectual property rights 4. Your Privacy 5. Your
Access to Products and Services 6. The Products and Services 7. Limited
Guarantees 8. Disclaimer of Warranties 9. Limitations on Liability and Damages
10. Indemnification 11. ARBITRATION IF A DISPUTE ARISES ("Arbitration
Agreement") 12. SMS Text Messages 13. Termination of this Agreement 14. Other15.
Definitions1. Introduction
1.1 This Online Services Agreement ("Agreement") is a contract between you and
HRB Digital LLC and HRB Tax Group, Inc. (together, "H&R Block", "we", or "us").
This Agreement governs your use of Products and Services (defined in Section 15)
provided by H&R Block, H&R Block Affiliates (defined in Section 15), and H&R
Block's third party independently owned franchisees.
1.2 Be sure that you carefully read and fully understand this Agreement.
(A) You may use H&R Block's Products and Services only if you agree to all the
terms of the Agreement.
(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 if you otherwise access, copy, or use any Products and Services.
(C) You do not have the right to access and use the Products and Services if you
do not agree to the terms of this Agreement.
1.3 THIS AGREEMENT INCLUDES A MUTUAL BINDING ARBITRATION AGREEMENT IN SECTION 11
THAT REQUIRES RESOLUTION OF DISPUTES BY INDIVIDUAL ARBITRATION UNLESS YOU
OPT-OUT AS PROVIDED IN SECTION 11.
1.4 Definitions of key terms are provided in Section 15 below.
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2. Your Use of The Products and Services
2.1 Your licensed and permitted use. H&R Block grants you a non-exclusive,
non-transferrable, non-sublicensable, and limited license to access and use the
Products and Services for your individual personal and/or internal business
purposes under the terms, conditions, and limitations set forth in this
Agreement and upon 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.
(A) Creating your account. You will be required to register and create an
account with us to access certain features of the Products and Services. You
will be assigned or will select a username 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 Products and Services.
(B) Accurate information. By registering or creating an account to use the
Products and Services, 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, or telephone number when registering
for an account to use the Products and Services.
(C) Business Users. You represent and warrant through your registration and your
use of the Products and Services that you have the authority of your company to
participate and use the Products and Services on its behalf. Thus, you and your
company are responsible for all activity occurring under your account.
2.3 Maintaining the security of your account. You are responsible for all use of
the Products and Services under your account.
(A) Account protection. You are responsible for setting up and keeping
confidential your account, username, password, Quick Access, and other sensitive
information. You must take security precautions with at least reasonable and
prudent care.
(B) Quick Access protection. Quick Access is an alternative method you may use
to sign into your account to use the Products and Services. You may use
alternative credentials like your fingerprint or biometrics to sign into your
account.
(1) Enable and disable Quick Access. You may choose to enable or disable Quick
Access on your device at any time by signing into your account and using the
Settings Menu.
(2) Personal use. Only you may use Quick Access to sign into your account. You
must never allow others to use Quick Access on your device. If someone other
than yourself is authorized to use your device with a fingerprint or other
biometric, you must remove any access to your device by someone other than
yourself.
(C) Unauthorized use of the Products and Services. You will notify us
immediately of any unauthorized use of the Products and Services including use
of your account, username, password, Quick Access, or any other security breach
of which you are aware.
(1) Notification of unauthorized use. We will have no liability to you for any
unauthorized access or transaction made using your account, username, password,
or Quick Access that occurs before you have notified us of possible unauthorized
use and we have had a reasonable opportunity to act on that notice.
(2) Suspension of your account. If we suspect any unauthorized or fraudulent
use, we may suspend or cancel your account, username, password, or Quick Access
even without receiving notice from you or report such use to the authorities.
(D) Your equipment. You are solely responsible for all device and network
security for devices used to access and use the Products and Services, 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 Products and Services.
2.4 Conditions of Use.
(A) Minimum Age. You must be 18 years of age or older to use the Products and
Services. You represent you are 18 years of age or older.
(B) Payment of Applicable Fee. Your use of the Products and Services may require
you to pay a fee to H&R Block, and your use of certain Products and Services may
be conditioned upon paying the applicable fee for such Products and Services. If
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. If you obtain a Refund Transfer, your fees are not due until
after all services are complete, which is typically when your refund is received
and your authorized payments are disbursed, but in any event, no more than 30
days after your tax return is e-filed.
(C) Prohibited use. You must not, directly or indirectly use the Products and
Services in a way that is a Prohibited Use (as defined in Section 15).
(D) OFAC Compliance. You are not an individual or entity with whom United States
persons or entities are restricted or prohibited from doing business under
regulations of the Office of Foreign Asset Control ("OFAC") of the Department of
the Treasury (including those named on OFAC's specially designated and blocked
persons list) or under any statute, executive order (including the September 24,
2001, Executive Order Blocking Property and Prohibiting Transactions With
Persons Who Commit, Threaten to Commit, or Support Terrorism), or other
governmental action and you are not engaged in any dealings or transactions or
be otherwise associated with such persons or entities. You are not based in
Cuba, Iran, North Korea, Syria, the Crimea, the Donetsk, and the Luhansk regions
of the Ukraine or in any other country that is subject to economic sanctions or
trade embargoes. You are not otherwise prohibited from using H&R Block’s
Products and Services under the laws and regulations of the United States, or
any other applicable jurisdiction.
(E) Additional limitations. Specific limitations to each of the Products and
Services are explained further in Section 6.
2.5 You are responsible for the accuracy and completeness of information.
(A) Tax returns you file. You will be the preparer of any tax return filed using
the Products and Services (except for Tax Pro Review in Section 6.5 and Assisted
Tax Preparation in Section 6.8). You have the sole responsibility and liability
for reviewing and verifying all tax returns and results from the Products and
Services for accuracy and completeness, and for verifying that all required
forms have been filed with the IRS or applicable Revenue Authority, including
forms that are supported by the Products and Services.
(B) Information you provide. You represent that all information you provide is
accurate, consistent, and complete and that you have the right to provide the
information to us. You understand that we are relying upon information provided
by you (including information on source documents), and we do not independently
verify information that you provide. It is your responsibility to substantiate
the basis for any claimed credits, deductions, or expenses. 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 in accordance with Section 4, including but not limited to, (1) as
necessary for H&R Block to provide the Products and Services, 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 Products and Services.
2.6 User Content.
(A) User Content. Some Products and Services may provide you the opportunity to
contribute User Content in User Areas. You will not provide any User Content
that is a Prohibited Use or that violates any intellectual property right of any
third party.
(B) License to User Content. You grant H&R Block a perpetual and royalty-free
license to reproduce, use, store, and process your User Content throughout the
world for any purpose without any compensation or remuneration to you. You
acknowledge that H&R Block may preserve and disclose User Content if required to
do so by law or we believe in good faith that such preservation or disclosure is
reasonably necessary to comply with legal process, enforce this Agreement,
respond to a claim that User Content violates any third party's rights, or
protect the right, property or personal safety of H&R Block, any users of the
Products and Services, and the public.
(C) No Monitoring of User Content. H&R Block does not assume any obligation to
review, screen, or approve the User Content. However, H&R Block may, in its sole
discretion, remove any User Content from a User Area at any time and for any or
no reason.
2.7 Your export restrictions. You will not export the Products and Services or
other materials provided by us without obtaining H&R Block's prior written
consent.
2.8 Compliance with applicable laws. You are solely responsible for compliance
with all applicable laws, regulations, statutes, ordinances, and governmental
authority rules regarding your use of the Products and Services, including those
related to data privacy, international communications and the transmission of
personal data.
2.9 Unauthorized use of the Products and Services. You are responsible for all
use of the Products and Services 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 Products and Services, modifications,
copyrights, patents, trade secrets, trademarks, and other intellectual property
rights pertaining to any aspect of the Products and Services are our exclusive
property. You acquire no ownership interest, derivative work, or component of
the Products and Services through your use of the Products and Services. 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 Products and Services is subject to our
Privacy Notice, available at:
https://www.hrblock.com/universal/digital-online-mobile-privacy-principles/.
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
(A) post a notice on our web site describing the change, or
(B) send you an electronic notification of the change.
4.3 Your Tax Information. Through your use of the Products and Services, you may
be required or requested to supply certain Tax Information or other personal
financial information.
(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.
(B) Errors. We may alert and provide information to Revenue Authorities to
correct or identify errors in the Software.
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5. Your Access to Products and Services
5.1 Cancellation or modification of Products and Services. We reserve the right
to: change the Products and Services at any time, without notice, and for any
reason; or cancel or terminate your use of the Products and Services if you
violate this Agreement. We will not be liable to you or any third party for any
modification or discontinuance of Products and Services.
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 Products and Services. We have no
responsibility for the timeliness, deletion, mis-delivery, or failure to store
any data, communications, or personal settings with the Products and Services.
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6. The Products and Services
6.1 2023 Software.
(A) Software limitations. The Software may be used only for the following:
(1) prepare and e-file your U.S. federal personal tax returns;
(2) prepare and provide information for your personal state tax returns;
(3) e-file your personal state tax returns;
(4) prepare and file your U.S. federal business tax return; and
(5) prepare and provide information for your business state tax returns.
(B) H&R Block will make commercially reasonable efforts to keep the Software
available to you until October 15, 2024.
6.2 Electronic Filing (e-file).
(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.
(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.
(C) Our limited responsibility to e-file. If an H&R Block tax professional does
not file your tax return and you select, qualify for, and pay applicable fees,
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 MyBlock ℠ Account and related functions on the MyBlock Mobile Application
("MyBlock"). MyBlock is an online portal that allows you to manage information,
interface with a tax professional, and access different Products and Services.
You may also manage this information or access this functionality from the H&R
Block Mobile App. The MyBlock My Documents feature is provided as a service to
enable customers to utilize H&R Block's tax preparation and financial products
or services. Any document or personal information you upload may be shared with
your tax professional to assist in the preparation of your tax return or to
otherwise provide the Products and Services to you. You are prohibited from
storing any documents or files that do not relate to tax preparation or
financial products or services ("Unrelated Files"). H&R Block reserves the right
to delete without notice Unrelated Files stored in My Documents.
(A) Examples of personal information. Examples of your personal information you
can manage in MyBlock include:
(1) contact information;
(2) Tax Information and supporting documentation;
(3) tax return status;
(4) previous year's tax returns;
(5) healthcare information;
(6) Communications (as defined below);
(7) financial products information and access; and
(8) any information you add about yourself and store for future use subject to
this Agreement.
6.4 Online Assist ("Online Assist"). Online Assist allows you to submit a
tax-related question and receive a response from H&R Block or franchisee tax
professionals (collectively "Online Assist Providers") through a chat function
on a website designated by us, or sharing your screen with the Online Assist
Providers in some instances.
(A) Online Assist limitations. Online Assist is limited to your personal and
non-commercial use and you will not use Online Assist to obtain information for
any person or entity other than you. You must not use the information provided
for any purpose except for the preparation of your tax return. Online Assist is
limited to U.S. tax issues. Online Assist 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. Online Assist
is limited to responding to specific tax questions and does not include a
general review of your tax return or preparation of any part of your tax return.
Although tax return preparation services are not available through Online
Assist, we offer tax return preparation services through other offerings such as
Tax Pro Review. The Online Assist Provider will not be responsible for the
review of any source documentation. If you share your screen with the Online
Assist Providers, they will not have control over your screen but may be able to
highlight specific areas for your attention. The ability to share your screen
with the Online Assist Provider may not be available. Online Assist is only
available during specific hours which will be provided to you.
(B) Our response to your request. Because proper guidance varies based upon
individual circumstances, sometimes the Online Assist Provider's response will
not be a direct or complete answer. Instead, the response could be a reference
to applicable Revenue Authority that the Online Assist Provider believes is
appropriate in consideration of the information that you have provided. It is
your responsibility to interpret the regulations and their applicability to your
situation or to engage a professional to assist you in this interpretation.
(1) Our response time. Online Assist Providers attempt to respond to your
question or request as soon as possible. Response times vary. Responses may be
delayed to increased volume of inquiries, technical problems, complexity or
nature of your request, or your failure to provide the necessary information to
answer the request. We agree to use commercially reasonable efforts to provide
Online Assist in a timely manner if you cooperate with Online Assist Provider as
necessary to provide the information requested.
(2) Our right to refuse a request. The Online Assist Provider reserves the right
to refuse any request and refund you any fee paid for Online Assist.
(C) We recommend that you consult with applicable advisors. Online Assist and
the Online Assist Providers are not providing you any legal advice, financial
advice, tax preparation services, or investment recommendations. It is
recommended that you consult with your own legal, financial, tax, and investment
advisors where appropriate.
6.5 Tax Pro Review. If you select and pay for the Tax Pro Review service, H&R
Block or franchisees (collectively, "Tax Pro Review Providers") may provide tax
advice, review a tax return you have prepared, prepare your tax return using
information you have provided, and e-file your tax return with the Revenue
Authority, as applicable.
(A) Your responsibilities. You must cooperate with the Tax Pro Review Providers,
provide all information and copies of all documents requested, and review
information provided by your Tax Pro Review Providers in a timely manner that is
reasonably in advance of any applicable tax filing deadlines.
(1) If you complete the requirements in (A) above and otherwise comply with the
terms of this Agreement, we agree to use commercially reasonable efforts to
provide the Tax Pro Review service you have selected and paid for.
(2) If you do not complete the requirements in (A) above, or the information
provided is inaccurate, inconsistent or incomplete, your tax return may be
inaccurate or incomplete, and any guarantee offered by us will be void.
(B) Additional fees. The Tax Pro Review Provider may charge an additional hourly
service fee for manual data entry, tax schedules, or any other service.
(C) Bill of Rights. If you reside in Chicago, you can find the Chicago Bill of
Rights Regarding Tax Preparation Services here. If you reside in New York state,
you can find the New York Consumer Bill of Rights Regarding Tax Preparers here.
If you reside in New York City, you can find the New York City Consumer Bill of
Rights Regarding Tax Preparers here. By accepting agreeing to this Agreement,
you acknowledge receipt of the linked documents. Your Tax Pro Review Providers
can answer your questions regarding these Bills of Rights.
6.6 AI Tax Assist. AI Tax Assist is a generative artificial intelligence chatbot
that is included with H&R Block Online Plus, Deluxe, Premium, and Self-Employed
tax offerings. AI Tax Assist provides answers to your general tax and H&R Block
products related questions. While AI Tax Assist is available to you, you are not
required to use it to get answers to your questions. If preferred you can
contact one of our live tax experts instead. AI Tax Assist's utilize's
artificial intelligence technology that is evolving and may have limitations and
the responses generated by AI Tax Assist may not always be accurate or
appropriate for your situation. If you have a problem with AI Tax Assist, please
contact 1-800-HRBLOCK to report the problem and for any additional assistance
you may need.
(A) AI Tax Assist is limited to your personal and non-commercial use and you
will not use AI Tax Assist to obtain information for any person or entity other
than you. You must not use the information provided for any purpose except for
the preparation of your tax return. AI Tax Assist is limited to U.S. tax issues
and product support. AI Tax Assist is limited to responding to specific tax
questions and does not include a general review of your tax return or
preparation of any part of your tax return. While the responses generated by AI
Tax Assist will address your specific question, such responses may not be
unique. AI Tax Assist may not be able to answer all tax or product related
questions.
(B) AI Tax Assist is not a substitute for live help, and AI Tax Assist is not
providing you any legal or financial advice and is not preparing your tax
return. Your return is self-prepared. If you have any questions or concerns
about the completeness or accuracy of any information provided by AI Tax Assist,
you should consult with applicable financial, legal, or tax advisors. H&R Block
Online includes various live chat and assistance features to assist with tax
questions.
(C) When using AI Tax Assist you agree not to input or provide personally
identifiable or sensitive information, such as your Social Security Number,
name, or financial account numbers. We maintain a record of AI Tax Assist
prompts and responses.
(D) We maintain a record of questions submitted to AI Tax Assist along with the
corresponding AI Tax Assist answers. You consent to your AI Tax Assist sessions
being recorded by us or our service providers for quality control and assessment
purposes.
6.7 Automatic Importing of Tax Information. We may enter agreements with certain
financial institutions or other service providers that will allow you to
electronically import Tax Information directly into the Software.
(A) Access to Tax Information. If you elect to use Automatic Importing of Tax
Information, you will be using the financial institution or other service
provider's data systems to transfer your Tax Information into the Software.
Thus, by requesting such automatic transfer of your Tax Information, you consent
to H&R Block accessing, transmitting, and storing your Tax Information.
(B) Accuracy and availability of information. We do not represent or guarantee
that Automatic Importing of Tax Information will be available or accurate. It is
your responsibility to review the accuracy of all information in your tax
return, including information imported from the Automatic Importing of Tax
Information.
6.8 Healthcare Subsidy Reconciliation and Penalty Calculation.
(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) e-file or include in the printout IRS Form 8962;
(2) automatically include the calculated reconciliation or penalty amount into
your refund or amount you owe; and
(3) e-file or include in the printout IRS Form 8965 if you already have a
penalty exemption number.
(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.
(C) Your eligibility for other guarantees. 100% Accuracy 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.
6.9 Assisted Tax Preparation Service. If you select and pay for virtual assisted
tax preparation with a tax professional ("Assisted Tax Preparation"), we will
prepare your 2023 federal and state tax returns using information you have
provided, and e-file your tax returns with the Revenue Authority, as applicable.
(A) Process. You will provide us with initial information about you and your tax
situation, and we will assign you a tax professional. You will then provide us
with your personal information, including but not limited to your name,
birthdate, SSN, phone number, and email address and drop off your tax documents
at a local office or upload your tax documents either to your MyBlock account or
through our secure message center. After we receive your documents, the tax
professional will contact you to gather additional information. The tax
professional will work to complete your federal and state tax returns. You will
then pay for and review the tax returns to make sure the returns are complete
and accurate, and if you approve the returns, we will electronically file them
for you. You will be required to use a MyBlock account to use the Assisted Tax
Preparation.
(B) Bill of Rights. If you reside in Chicago, you can find the Chicago Bill of
Rights Regarding Tax Preparation Services here. If you reside in New York state,
you can find the New York Consumer Bill of Rights Regarding Tax Preparers here.
If you reside in New York City, you can find the New York City Consumer Bill of
Rights Regarding Tax Preparers here. By accepting agreeing to this Agreement,
you acknowledge receipt of the linked documents. Your Tax Pro Review Providers
can answer your questions regarding these Bills of Rights.
(C) Assisted Tax Preparation Limitations. Assisted Tax Preparation cannot be
transferred to others. The Assisted Tax Preparation is not available to you if
you are under eighteen (18) years of age. You understand and agree that we are
not engaged in rendering legal services or other advice, and Assisted Tax
Preparation is not legal advice, financial advice, or investment
recommendations. You understand that we are relying upon information provided by
you, including information on source documents, and we do not independently
verify information provided by you. However, we may ask you for further
clarification and expect you to provide that clarification promptly and
candidly. We assume no responsibility for adverse consequences due to your
failure to provide information to us in a timely fashion. We are not responsible
for providing any services under Assisted Tax Preparation if you fail to fully
comply with any of your Duties listed in Section 6.8(D) and elsewhere in this
Agreement. If your tax professional receives your information within 10 days of
the filing deadline, you may be required to file an extension, or we may be
unable to provide Assisted Tax Preparation.
(D) Your Duties.
(1) Provide Information. You must provide us with accurate, consistent, and
complete information that we request to provide or supply you with one or more
of the benefits associated with Assisted Tax Preparation which may include,
without limitation your name, address, telephone number, email address, Social
Security number, income documents (W2, 1099, etc.), deduction and credit
documentation, receipts, and other personal information. You will provide this
information by dropping of your documents at your local office, uploading
relevant documents to you MyBlock account or through the MyBlock mobile app, or
to your tax professional through the secure message center. If we are unable to
obtain the required personal information from you, Assisted Tax Preparation may
be unavailable, limited, or reduced.
(2) Review and Approve Returns. After your tax professional completes your
federal and state tax returns, you must review and approve all returns before
your tax professional can file your tax returns for you. We will not file any
tax returns unless we receive your approval. If you identify any errors in your
tax return during your review (and before you approve), your tax professional
will work with you to correct any errors.
(3) Payment. We will not file any tax returns until we receive payment for your
tax returns (or you agree to the appropriate paperwork if you are paying for
your tax preparation fees with your refund).
(4) Tax Payment. YOU HAVE THE OBLIGATION TO PAY ALL YOUR TAX LIABILITY FOR
CURRENT AND FUTURE TAX YEARS, INCLUDING PAYMENT OF PROPER WITHHOLDINGS AND
QUARTERLY ESTIMATED TAX PAYMENTS, AND TO COMPLY WITH ALL FILING REQUIREMENTS
DURING AND SUBSEQUENT TO OUR ASSISTED TAX PREPARATION SERVICES.
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7. Limited Guarantees
7.1 100% Accuracy Guarantee. If you used and paid for the Software (or used and
paid for Tax Pro Review or Assisted Tax Preparation), and the Software (or your
tax professional) makes an error on your return, subject to the conditions
below, we will reimburse you (up to a maximum of ten thousand dollars ($10,000)
if you used the Software) for the penalty and interest caused by the error that
you would otherwise not have been required to pay. This guarantee is not
available if the alleged Software or tax professional error was caused in part
by changes to tax laws after January 1, 2024.
(A) Qualifications for reimbursement. To qualify for the reimbursement under
this Section 7.1, all the following conditions must be met:
(1) The penalty and interest are for your 2023 tax year personal or business tax
return.
(2) You used the Software, Tax Pro Review, or Assisted Tax Preparation in
accordance with all terms and conditions of this Agreement and any operating
instructions.
(3) You filed the return by April 15, 2024, or you filed the return by the
filing date that was properly extended.
(4) You paid the amount of penalties and interest to a Revenue Authority.
(5) The penalty and interest caused solely and directly because of:
(a) an arithmetic error made by the Software;
(b) incorrect advice on the electronic chat transcript from Online Assist; or
(c) a tax professional error on your return.
(6) If you used Tax Pro Review or Assisted Tax Preparation, you notified your
tax professional, or if you used the Software, you notified H&R Block at HRB
Digital LLC, Attn: Calculations Guarantee Claims, P.O. Box 10435, Kansas City,
Missouri 64171-0435, each notification must be made 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.
(7) You timely sent us complete documentation of the penalty and interest,
including:
(a) all correspondence to and from each Revenue Authority;
(b) a paper and electronic copy that is readable by the Software of your tax
returns filed with each Revenue Authority;
(c) proof that you paid the penalty and interest; and
(d) any other relevant information we reasonably request.
(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) You paid any applicable fees for license of the Software and the Products
and Services at the time of the initial filing or printing of your tax return.
(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) You did not provide any inaccurate, inconsistent, or incomplete information
in connection with your account registration or tax return.
(12) The Software, Tax Pro Review, or Assisted Tax Preparation is originally
licensed to you and is not assigned or otherwise transferred from another party.
(B) Ineligibility for reimbursement. We will not reimburse you for penalty or
interest resulting from:
(1) your choice to take a credit or deduction suggested to you by the Software;
(2) any form not supported by the Software;
(3) interest from the filing deadline to the date you filed your return if you
filed your return late;
(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 2023 tax year using the
Software;
(5) incorrect entry of data by you or any third party;
(6) data incorrectly imported into the Software from a financial institution,
Automatic Importing of Tax Information, or other software;
(7) your failure to follow the Software instructions;
(8) your breach of any of the terms of this Agreement;
(9) your failure to correct and resolve errors identified by the Software;
(10) a claim for an improper or unsupportable deduction;
(11) a failure to report income;
(12) your failure to provide all necessary information to us or your failure to
provide accurate, consistent and complete information;
(13) positions taken by you on your return that may be unsubstantiated or
incorrect, or an incorrect interpretation of the law by you;
(14) retroactive changes to federal or state tax laws or conflicting tax laws;
or
(15) any other reason outside of our control.
(C) Exclusive remedy. Sections 7.1 and 7.3 (if applicable) state our entire
obligation and liability and your exclusive remedy for any errors in your return
caused by us or the Software, Tax Pro Review, or Assisted Tax Preparation. The
monetary remedies available under Sections 7.1 and 7.3 (if applicable) are not
available if you request a refund for any Software, Tax Pro Review, or Assisted
Tax Preparation in accordance with Section 7.2 below.
7.2 Maximum Refund Guarantee. If you used and paid for the Software, Tax Pro
Review, or Assisted Tax Preparation, and if you find an H&R Block error in the
Software or on your return that entitles you to a larger refund (or smaller tax
liability) for your personal or business tax returns, we will refund the
Software, Tax Pro Review, or Assisted Tax Preparation fees to prepare that
return and you may file an amended return using our Software (or we will file an
amended return) at no additional charge.
(A) Qualification. To qualify, the refund claim must be made during the calendar
year in which the return was prepared, and the larger refund or smaller tax
liability must not be from:
(1) inaccurate, inconsistent, or incomplete information provided by you;
(2) your choice not to claim a deduction or credit;
(3) inclusion of a form that is not supported by the Software;
(4) positions taken by you on your return that may be unsubstantiated or
incorrect, or that are contrary to law or any Revenue Authority regulations;
(5) changes in federal or state tax laws after January 1, 2024, or conflicting
tax laws; or
(6) any other H&R Block or Block Advisors branded tax preparation solution.
(B) To make a claim. Within the same calendar year that your tax return was
prepared and filed you must contact your tax professional or mail a copy of your
federal and state tax return, supporting evidence showing the error, and any
other relevant information requested by us. You must send the claim to ATTN:
Refund Claims, HRB Digital LLC, P.O. Box 10435, Kansas City, Missouri
64171-0435.
(C) Limited application. This Section 7.2 does not apply to supplemental
products or services you obtained through your use of the Software, Tax Pro
Review, or Assisted Tax Preparation.
7.3 Accuracy of DeductionPro ® ("DeductionPro") online deduction service program
valuations. DeductionPro is a tool in the Software to help users track and value
their charitable donations and other itemized deductions.
(A) Values. The values of all items contained in DeductionPro are compiled based
on our research of average fair market values for clothing, appliances, sporting
goods, and other items. The value of an item is primarily based on the quality
and condition of the item that you determine and input into DeductionPro. If you
have any questions about a valuation, you should consult with a qualified
appraiser or tax advisor. We recommend that you keep detailed descriptions and
photographs of donated items if any of your values are challenged by the IRS or
any state revenue authority.
(B) Limitation of DeductionPro. DeductionPro does not calculate or accommodate
complex tax situations including:
(1) charitable trust donations;
(2) partial interest donation;
(3) carryovers from the previous year's donations; or
(4) non-cash donations of over $5,000 in value.
(C) Remedy for IRS objection or error. If the IRS objects to the values placed
on donations by DeductionPro or any mathematical calculations provided by
DeductionPro are inaccurate, your exclusive remedy is for us to reimburse you as
set forth in Section 7.1 subject to the requirements in Section 7.1 and the
additional requirements and limitations in this Section 7.3. We will not
reimburse you for additional taxes owed to the IRS. We will only reimburse you
for any penalties or interest paid to the IRS provided the following
qualifications are met.
(1) You obtained access to DeductionPro from us or an authorized source and used
it for the 2023 tax year.
(2) The fee or penalty was caused directly and solely from incorrect valuation
or a mathematical error in DeductionPro.
(3) You accurately identified the donated item from the list of items contained
in DeductionPro and accurately assessed the quality and condition of the item.
(4) You obtain and possess documentation of your donation from the charitable
organization and an appraisal for the items as required by law.
(5) 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.
(6) You send us complete documentation of the penalty and interest including:
(a) all correspondence to and from the IRS;
(b) a copy of your tax return as filed with the IRS in paper and electronic
media;
(c) proof that you paid the penalty and interest; and
(d) other information we reasonably request.
(D) Limitations. This Section 7.3 does not apply to:
(1) any items or groups of items that you claimed a deduction of more than
$5,000 per item or group;
(2) items not contained in DeductionPro's database;
(3) donations of automobiles;
(4) publicly traded securities or appreciated property;
(5) items that you cannot substantiate the deduction or the condition of the
items;
(6) any property that you enter your own value or override the value suggested
by DeductionPro; or
(7) Tax Pro Review or Assisted Tax Preparation.
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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 PRODUCTS AND SERVICES.
(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 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 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 PRODUCTS AND
SERVICES.
(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 PRODUCTS AND SERVICES WILL IDENTIFY THE APPROPRIATE DOCUMENTS
FOR YOUR NEEDS, THAT THE OPERATION OF THE PRODUCTS AND SERVICES WILL BE
UNINTERRUPTED, OR THAT THE PRODUCTS AND SERVICES 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 PRODUCTS AND SERVICES OR THEIR ABILITY TO MEET
YOUR REQUIREMENTS. WHILE H&R BLOCK, H&R BLOCK AFFILIATES, AND FRANCHISEES ARE
PROVIDING THE PRODUCTS AND SERVICES 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. 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 PRODUCTS AND SERVICES.
8.2 The Products and Services 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 ADVICE,
FINANCIAL ADVICE, OR INVESTMENT RECOMMENDATIONS. YOU ACKNOWLEDGE AND AGREE THAT
YOUR USE OF THE PRODUCTS AND SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE OF AN
ATTORNEY OR OTHER COMPETENT FINANCIAL 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 FINANCIAL 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 PRODUCTS AND SERVICES
WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO H&R BLOCK FOR THE PRODUCTS AND
SERVICES. 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 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.
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 Products and
Services 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, their franchisees 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 or your User Content.
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11. ARBITRATION IF A DISPUTE ARISES ("Arbitration Agreement")
11.1 Scope of Arbitration Agreement. You and the H&R Block Parties agree that
all disputes and claims between you and the H&R Block Parties shall be resolved
through binding individual arbitration unless you opt out of this Arbitration
Agreement using the process explained below. However, to the fullest extent
permitted by applicable law, either you or the H&R Block Parties may elect that
an individual claim be decided in small claims court, as long as it is brought
and maintained as an individualized claim and is not removed or appealed to a
court of general jurisdiction. All issues are for the arbitrator to decide,
except that issues relating to the arbitrability of disputes and the validity,
enforceability, and scope of this Arbitration Agreement, including the
interpretation of and compliance with sections 11.2, 11.4, and 11.6 below, shall
be decided by a court and not an arbitrator. The terms "H&R Block Parties" or
"we" or "us" in this Arbitration Agreement include HRB Digital LLC, HRB Tax
Group, Inc., and Emerald Financial Services, LLC, along with their predecessors,
successors, and assigns, and each of the past, present, and future direct or
indirect parents, subsidiaries, affiliates, officers, directors, agents,
employees, and franchisees of any of them.
Arbitration Opt Out: You may opt out of this Arbitration Agreement within 30
days after you accept this Agreement by filling out the form 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, address, the first five digits of your Social Security Number, and
the words "Reject Arbitration." If you opt out of this Arbitration Agreement,
any prior arbitration agreement shall remain in force and effect.
11.2 Commencing arbitration. You or we may commence an arbitration proceeding
only if you and we do not reach an agreement to resolve the dispute or claim
during the Informal Resolution Period (defined below).
(A) Pre-arbitration notice of dispute. A party who intends to seek arbitration
must first mail a written Notice of Dispute ("Notice") to the other party. The
Notice to the H&R Block Parties should be addressed to: H&R Block-Legal
Department, Attention: Notice of Dispute, One H&R Block Way, Kansas City, MO
64105. The Notice to you will be sent to the last known address on file with the
H&R Block Parties. The Notice must be on an individual basis and include all of
the following: (1) the claimant's name, address, telephone number, e-mail
address, and first five digits of Social Security Number; (2) the nature or
basis of the dispute or claim; (3) the specific relief sought; and (4) the
claimant's signature.
(B) Informal Settlement Conference. After the Notice containing all of the
information required above is received, within 60 days either party may request
an individualized discussion (by telephone or videoconference) regarding
informal resolution of the dispute ("Informal Settlement Conference"). If timely
requested, the parties will work together in good faith to select a mutually
agreeable time for the Informal Settlement Conference. You and our business
representative must both personally participate in a good-faith effort to settle
the dispute without the need to proceed with arbitration. The requirement of
personal participation in an Informal Settlement Conference may be waived only
if both you and we agree in writing. Any counsel representing you or us may also
participate; however, if you have retained counsel, a signed statement is
required by law to authorize the H&R Block Parties to disclose your confidential
tax and account records to your counsel. Any applicable statute of limitations
will be tolled for the claims and relief set forth in the Notice during the
period between the date that either you or we send the other a fully complete
Notice, until the later of (1) 60 days after receipt of the Notice; or (2) if a
Settlement Conference is timely requested, 30 days after completion of the
Settlement Conference (the "Informal Resolution Period"). The parties agree that
the existence or substance of any settlement discussions are confidential and
shall not be disclosed, except as provided by applicable law.
(C) Enforcement of pre-arbitration requirements. The Notice and Informal
Settlement Conference requirements are essential so that you and we have a
meaningful chance to resolve disputes informally before proceeding to
arbitration. A court will have authority to enforce this section 11.2, including
the power to enjoin the filing or prosecution of an arbitration or the
assessment of or demand for payment of fees in connection with an arbitration,
if the party who intends to seek arbitration does not first provide a fully
complete Notice and participate in a timely requested Informal Settlement
Conference. In addition, unless prohibited by applicable law, the arbitration
administrator shall not accept, assess or demand fees for, or administer an
arbitration commenced during the Informal Resolution Period.
11.3 How arbitration works. Arbitration 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 AAA's website www.adr.org. If AAA is unavailable or unwilling to administer
the arbitration consistent with this Arbitration Agreement, the parties shall
agree to, or the court shall select, another arbitration provider. Unless the
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. The arbitrator will be either a retired judge or an attorney
specifically licensed to practice law in the state of your residence and
selected by the parties from the arbitration provider's national roster of
arbitrators. The arbitrator will be selected using the following procedure: (1)
the arbitration provider will send the parties a list of five candidates meeting
this criteria; (2) if the parties cannot agree on an arbitrator from the list,
each party shall return its list to the arbitration provider within 10 days,
striking up to two candidates, and ranking the remaining candidates in order of
preference; (3) the arbitration provider shall appoint as arbitrator the
candidate with the highest aggregate ranking; and (4) if for any reason the
appointment cannot be made according to this procedure, the arbitration provider
will provide the parties a new list of five candidates meeting the above
criteria until an appointment can be made.
11.4 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, the arbitrator's rulings or any
relief granted must be individualized to you and shall not apply to or 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, after exhaustion of all appeals, a court decides that applicable law
precludes enforcement of any of this section's limitations as to a particular
claim or any particular request for a remedy for a claim (such as a request for
public injunctive relief), then the parties agree that the particular claim or
the particular request for a remedy (and only that particular claim or
particular request for a remedy) must remain in court and be severed from any
arbitration. No arbitration shall proceed in any manner as a class action
arbitration, private attorney general arbitration, or arbitration involving
joint or consolidated claims, unless all parties consent in writing.
11.5 Arbitration costs. Payment of all filing, administrative, case-management,
arbitrator, and hearing fees will be governed by AAA Rules, but if you inform us
that you cannot afford to pay your share of the fees, we will consider advancing
those fees on your behalf and will do so if required by applicable law. In
addition, we will reimburse you for your share of the fees at the conclusion of
the arbitration (regardless of who wins), so long as (i) you complied with the
requirements in sections 11.2 and 11.4 above and section 11.6 below, and (ii)
neither the substance of your claim nor the relief you sought was determined to
be frivolous or brought for an improper purpose as measured by the standards set
forth in Federal Rule of Civil Procedure 11(b); otherwise, the payment of fees
will be governed by AAA Rules and you agree to reimburse the H&R Block Parties
for all fees advanced on your behalf.
11.6 Arbitration of similar claims. If 25 or more claimants submit Notices or
seek to file arbitrations raising similar claims and are represented by the same
or coordinated counsel (regardless of whether the cases are submitted
simultaneously), all of the cases must be resolved in arbitration in stages
using staged bellwether proceedings if they are not resolved during the Informal
Resolution Period. You agree to this process even though it may delay the
arbitration of your claim. In the first stage, each side shall select 10 cases
(20 cases total) to be filed in arbitration and resolved individually by
different arbitrators, with each case assigned to an arbitrator from the
claimant’s home state. In the meantime, no other cases may be filed in
arbitration, and the AAA shall not accept, assess or demand fees for, or
administer arbitrations that are commenced in violation of this section. The
arbitrators are encouraged to resolve the cases within 120 days of appointment
or as swiftly as possible, consistent with principles of fundamental fairness.
If the remaining cases are unable to be resolved after the conclusion of the
first stage bellwether proceeding, each side shall select up to another 10 cases
(20 cases total) to be filed in arbitration and resolved individually in
accordance with this Arbitration Agreement. During this second stage, no other
cases may be filed in arbitration. If any claims remain after the second stage,
the process will be repeated until all claims are resolved through settlement or
arbitration, with two alterations. First, a total of 50 cases may be filed each
round (unless a higher number of cases is mutually agreed upon in writing).
Second, arbitrators who were assigned cases in previous rounds may be appointed
to new cases. If this section 11.6 applies to a Notice, the statute of
limitations applicable to the claims and relief set forth in that Notice shall
be tolled from the beginning date of the Informal Resolution Period until that
Notice is selected for a bellwether proceeding, withdrawn, or otherwise
resolved. A court will have authority to enforce this section 11.6, including to
enjoin the filing, assessing or demanding fees for, administration of, or
prosecution of arbitrations.
11.7 Other terms. 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 in section 11.4,
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
other arbitration agreement between you and the H&R Block Parties. No
arbitration award or decision will have any preclusive effect as to any issues
or claims in any dispute, arbitration, or court proceeding where any party was
not a named party in the arbitration, unless and except as required by
applicable law.
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12. SMS Text Messages You can receive different types of text messages from us,
including refund status and promotional offers. If you agree to receive text
messages from us, you agree to and understand the following:
(A) Your wireless service carrier's standard text message and data rates may
apply.
(B) You agree that we may communicate with you by automated SMS, MMS, text
message or other electronic means to your mobile device.
(C) Message frequency varies.
(D) In the event you change or deactivate your mobile telephone number, you
agree to promptly update your account information.
(E) We may send you a message to confirm your choice to receive text messages.
(F) You can cancel text messaging at any time by replying "STOP" to the most
recent text message you received.
(1) If you have agreed to receive multiple types of text messages, you will need
to cancel each message type separately.
(2) We will send you a text message to confirm you have been unsubscribed.
(G) Reply "HELP" for instructions and how to unsubscribe.
(1) This may not be available for some message types.
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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 Products and Services. 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. Except as otherwise provided in the Arbitration Agreement,
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. Except as otherwise provided in the Arbitration
Agreement, this Agreement is the entire and exclusive agreement between the
parties with respect to the Products and Services, defined in Section 15 below
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 Products and Services,
except as otherwise provided in this Agreement. 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 Products and
Services. After we provide notice, continued use of the Products and Services
constitutes your acceptance of the changes and the Agreement (as amended).
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 the Arbitration Agreement, 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. 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, except as otherwise
provided in 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 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 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 must
not be assigned or otherwise transferred to any other party. This Agreement
inures to the benefit of H&R Block and its respective permitted successors and
assigns.
14.10 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.
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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 or
HRB Tax Group, Inc.
15.3 "Products and Services" means the Software, the Products and Services
listed and described in Section 6, and any other product or service offered or
delivered by H&R Block, H&R Block Affiliates, or their franchisees, that you
select, pay for, or use.
15.4 "Prohibited Use" includes any of the following activities when using the
Products and Services:
(A) re-distribute, sell, rent, loan, or otherwise transfer the Products and
Services or any rights or benefits in the Products and Services to any other
person or entity; (B) share your username or password with any third party; (C)
use the Products and Services in any unintended manner; (D) use the Products and
Services for the benefit of any third parties; (E) make the Products and
Services available on a file-sharing service, application service provider,
outsourcing basis, or service bureau basis; (F) use the Products and Services to
provide services for third parties, including but not limited to tax-related
advice or consulting services, and preparation of any documents using the
Products and Services for a third party; (G) duplicate the Products and Services
by any means; (H) remove any proprietary notice, labels, or marks on the
Products and Services, documentation, advice related to the Products and
Services, or any work product generated from your use of the Products and
Services; (I) derive or attempt to derive the source code of the Products and
Services; (J) disable or circumvent any access control or related device,
process, or procedure established with respect to the Products and Services; (K)
disassemble, modify, or reverse engineer the Products and Services; (L) seek to
derive the source code from any executable object code provided to you; (M)
modify, translate, or otherwise create derivative works based on any part of the
Products and Services; (N) use the Products and Services in any unlawful manner
or in any other manner that could damage, disable, overburden, or impair the
Products and Services; (O) 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; (P) 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; (Q) upload, post,
transmit, share, or otherwise make available any material that contains software
viruses or any other code, files, or programs designed to interrupt, destroy, or
limit the functionality of any software or hardware or telecommunications
equipment; and (R) 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.
15.5 "Revenue Authority" means the IRS and any applicable state revenue
authorities. 15.6 "Software" means the hosted 2023 online and mobile version of
the H&R Block or Block Advisors tax software and related functions provided by
H&R Block or Block Advisors. 15.7 "Tax Information" means all your personal
information, documents, and any other information used to prepare your tax
return. 15.8 "User Content" means any ideas, comments, questions, feedback,
survey responses, testimonials, or other content you provide in User Areas. 15.9
"User Areas" means blogs, message boards, chat rooms, e-mail, surveys,
questionnaires, reviews, and other features of the Products and Services that
may be offered from time to time and are operated by H&R Block or a third party
on our behalf. Back to Top
Copyright © 2023-2024 HRB Digital LLC. All rights reserved.
Ok
NEWLY OPENED MODAL
Electronic Communications Consent
Tax Year 2023
1. Consent to electronic communication. This Electronic Communications Consent
("Consent") provides important information required by the Electronic Signatures
in Global and National Commerce Act (E-SIGN Act) and your consent to electronic
signature and delivery of any Communications relating to your use of any
Products and Services (defined below) or your relationship with us. You are not
required to consent to receiving disclosures electronically, but if you do not
consent, you may not be able to proceed with using the Products and Services
electronically. References to "you" or "your" herein refers to the individual(s)
applying for or receiving any Products and Services. References to "we" or "us"
herein refers to HRB Tax Group, Inc., HRB Digital LLC, and Pathward®, National
Association, as well their respective affiliates, or the franchisees of any of
them, as applicable. "Products and Services" means any products or services you
apply for or receive while in an H&R Block office or through an H&R Block
website, whether offered by HRB Tax Group, Inc., HRB Digital LLC, Pathward, or
one of their respective affiliates or franchisees.
1.1 Scope of consent. You agree that any Communication (defined below) we
provide may be in electronic form, and that all Communications in electronic
format from us to you will be considered "in writing." You agree that your
electronic signature or agreement indicates your willingness to agree to the
terms the same as if you signed the document by hand. 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
we do 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 any 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. "Communications" means all notices, disclosures (including those
required by law), agreements, fee schedules, tax returns, records, documents,
account statements or other information we provide to you or that you sign or
agree to relating to your use of Products and Services.
1.2 Method of delivery. We may provide electronic Communications to you in at
least one of the following methods:
* (A) via email at the email address you provided to us;
* (B) by access to a designated area of one of our websites (e.g., MyBlock℠ or
within a mobile app); or
* (C) during your use of our systems including, without limitation, via a
screen or page within the Products and Services, one of H&R Block's websites
or your MyBlock account, or via a link to a web page containing the
Communications.
1.3 Hardware and software requirements. To access Communications, you must have
the following:
* (A) a Current Version (defined below) of Edge, Chrome, Safari, or Firefox;
* (B) an internet connection;
* (C) an email account and related software for accessing the email account;
* (D) a Current Version of a program that accurately receives, accesses, and
displays PDF files;
* (E) a mobile phone only for MyBlock℠ account activation; and
* (F) a device with an operating system capable of supporting all of the above.
You will need a printer if you wish to print and retain paper records or
sufficient electronic storage capacity if you wish to retain records in
electronic form.
* "Current Version" means a version of the software that is currently being
supported by its publisher.
1.4 Obtaining paper copies. You have the right to receive a paper copy of
Communications at no charge to you. You may request paper copies of
Communications by calling 1-800-HRBLOCK. We must receive your request within a
reasonable time after we first provided the Communication to you.
1.5 Withdrawing consent and updating information.
* (A) Withdraw consent or update information. If you want to withdraw your
consent to receive Communications electronically or update your information,
including a change to your email address, you must notify us in writing at
the following address: HRB Digital LLC, Attn: Client Services 6th Floor, P.O.
Box 10435, Kansas City, Missouri 64171-0435. Please provide your physical
address, email address, and phone number to request the change. If you fail
to notify us of a change in email address, you understand and agree that any
communications sent via email will be deemed to have been provided or made
available to you in electronic form.
* (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 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 your ability to use the Products and Services is
terminated. 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.
1.6 Confidentiality/Limitation of Liability. You understand that the
Communications may be confidential in nature. We are not responsible for
unauthorized access by third parties to information and/or communications
provided electronically or for any damages, including direct, indirect, special,
incidental or consequential damages, caused by unauthorized access. If you have
any questions about these disclosures, you may contact us by telephone at
1-800-472-5625 (1-800-HRBLOCK).
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Copyright © 2023-2024 HRB Digital LLC. All rights reserved.
Ok
NEWLY OPENED MODAL
ONLINE AND MOBILE BANKING AGREEMENT
TABLE OF CONTENTS1.Introduction 2.Definitions 3.The Services 4.Available
Services 5.ELECTRONIC FUND TRANSFER ACT DISCLOSURES 6.ARBITRATION IF A DISPUTE
ARISES ("Arbitration Agreement") 7.General Provisions Relating to this Agreement
1. Introduction
Pathward®, National Association, together with certain of its third-party
service providers (including program manager Emerald Financial Services, LLC),
as applicable, strive to provide you with the highest quality online and mobile
banking services available. This Online and Mobile Banking Agreement governs
your use of these services. This Online and Mobile Banking Agreement includes:
the Electronic Fund Transfer Act Disclosures in Section 5; anda binding
arbitration agreement in Section 6 that requires resolution of disputes by
individual arbitration rather than by jury trials or class actions.
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2. Definitions. The words used in this Agreement (except as otherwise provided
in the Arbitration Agreement) have the following meanings:
2.1 "Access Credentials" means your user name, login identification, password,
biometric identification (e.g., fingerprint) or other means of identification
and authentication, or combination thereof, that is required for logging into or
otherwise accessing the Services or a particular function of the Services.
2.2 "Account" means your eligible Emerald Card®, Emerald Savings, Emerald
Advance℠, or other Pathward account which can be accessed through Online Banking
or Mobile Banking. The term "Account" may refer to multiple accounts if you have
multiple eligible Accounts, as indicated by the context.
2.3 "Account Alerts" means the Text Alerts Service and the Email Alerts Service.
2.4 "Agreement" means this Online and Mobile Banking Agreement.
2.5 "Business Day" is every Monday through Friday, excluding federal holidays,
even if we are open.
2.6 "Card Account" or "Emerald Card Account" means the account associated with
your Emerald Card.
2.7 "Check-to-Card Service" means the Service within Mobile Banking offered to
you by Ingo Money, Inc. and Sunrise Banks, N.A., that permits you to convert
paper checks to electronic checks, negotiate them electronically, and load the
proceeds to your Card Account.
2.8 "Email Alerts Service" means the Service by which you can opt in to receive
email alerts of certain activity on your Emerald Card Account at an email
address you provide.
2.9 "Emerald Advance" means the H&R Block Emerald Advance® line of credit, the
H&R Block Emerald Advance® Loan, or both as applicable, each originated by
Pathward.
2.10 "Equipment" means the equipment you use to access the Services, including
but not limited to items such as a Mobile Device, desktop computer, or a laptop
computer.
2.11 "Emerald Card" means the H&R Block Emerald Prepaid Mastercard® issued by
Pathward.
2.12 "Emerald Savings" means the H&R Block Emerald Savings® Account offered by
Pathward.
2.13 "Linked Accounts Service" means the Service available through Online
Banking through which you link your checking account at another financial
institution to your Emerald Card Account to facilitate the transfer of funds
from your checking account to your Card Account via the ACH network.
2.14 "Pathward" means Pathward, National Association, its successors,
affiliates, parents, holding companies, or assignees.
2.15 "Mobile App" means the MyBlock℠ app that you can download to your iPhone or
Android device that allows you to access Mobile Banking with your Access
Credentials.
2.16 "Mobile Banking" means the banking services offered through the Mobile App,
including the Check-to-Card Service, and the (Tap) for Balance Service.
2.17 "Mobile Device" means a supportable device such as a cellular phone, smart
phone, tablet or other mobile device that you use to access Online Banking or
Mobile Banking and is web-enabled and allows Secure Sockets Layer (SSL) traffic
capable of receiving text messages.
2.18 "Online Banking" means the banking services offered through the H&R Block
website (www.hrblock.com), including but not limited to the Linked Accounts
Service, the ability to obtain certain transaction history or other information
for your Emerald Card or Emerald Advance, and the ability to make payments
towards your Emerald Advance.
2.19 "Payee" is the person or entity to which you wish a payment to be directed.
2.20 "Services" means the services provided in Online Banking and Mobile
Banking, and any other related services we make available to you (or,
individually, a "Service," as indicated by the context). Not all Services are
available through both the Online Banking and Mobile Banking channels.
2.21 "(Tap) for Balance Service" means the Service within Mobile Banking by
which you can opt into functionality to view your Emerald Card Account balance
on the Mobile App login screen with a tap of your finger for a period of time
without repeatedly logging in.
2.22 "Text Alerts Service" means the Service by which you can opt in to receive
text alerts on your Mobile Device of certain activity on your Emerald Card at a
phone number you provide.
2.23 "We," "Us," or "Bank" means Pathward, together with certain of its
third-party service providers (including program manager Emerald Financial
Services, LLC), as applicable.
2.24 "You" and "Your" refers to each person with authorized access to your
Account through the Services.
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3. The Services
3.1 This Agreement. By using the Services, you are agreeing to all terms and
conditions in this Agreement. You represent that you are at least 18 years old
(or 19 if you live in Nebraska or Alabama) and otherwise able to lawfully enter
into this Agreement. You are responsible for all transactions you authorize
using the Services under this Agreement.
3.2 Your ability to use the Services. You understand that the Services are
provided to you for your convenience and at your request and that you are not
required to use all or any of the Services. You understand that all Services may
not be available to you at all times and that certain restrictions may apply to
your use of the Services. We are not responsible for any errors or delays in
your ability to use the Services. We reserve the right to limit the types and
number of Accounts eligible for the Services. We also reserve the right to
refuse to make any transaction you request. The Services may not be available
outside the United States and your access of the Services outside the United
States is at your own risk.
3.3 Your other agreements with Us and our service providers. This Agreement
supplements the terms and conditions of your Account to which you have
previously agreed or agree to in the future, including the Cardholder Agreement
for the Emerald Card, the Emerald Savings Account Agreement and Terms and
Conditions, the Emerald Advance Terms & Conditions, and the Emerald Advance Loan
Application and Agreement. Your Account will continue to be subject to the
agreements that otherwise govern them. If this Agreement conflicts with any
Account agreement, the Account agreement will control. Additionally, each
Account will be subject to the following:
* any separate terms and conditions governing a particular Service;
* the instructions appearing on a screen when using a Service;
* our rules, procedures and policies applicable to each Account;
* the Pathward Privacy Notice;
* the rules and regulations of any funds transfer system used in connection
with the Services; and
* any applicable laws and regulations.
Your use of the Services is also governed by H&R Block's Online Services
Agreement and the Mobile App Privacy Notice, as applicable to the Services.
3.4 Your other agreements with third parties. You agree that you remain subject
to any agreement you have with an unaffiliated third party when using the
Services, including but not limited to your mobile or online service providers.
You understand that those agreements may impose certain fees, limitations and
restrictions which might impact your use of the Services, such as data usage or
text messaging charges imposed on you by your mobile service provider. It is
your responsibility to determine if your third-party agreements impose such
fees, limitations and restrictions, and to the extent they do, you agree that
you are solely responsible for those fees, limitations and restrictions. You
agree that only your mobile and online service providers are responsible for
their products and services and that you will resolve any issues or problems
directly with the provider without involving us.
3.5 Protecting your Account
(A) User security. You agree to take every reasonable precaution to ensure the
safety, security and integrity of your Account and transactions when using the
Services. You agree you will not leave your computer unattended while accessing
the Services, and you will not allow or configure your computer to save your
user name and password. You agree to completely log out when you are finished
using the Services.
(B) Access Credentials. By enrolling in the Service and initiating transfers
from your Account using your Access Credentials, you acknowledge and agree that
it is commercially reasonable for us to verify the authenticity of a funds
transfer order by receipt of your Access Credentials. You agree to be bound by
instructions verified with your Access Credentials, whether authorized or
unauthorized, unless you have given us prior notice of possible unauthorized use
of your Access Credentials and we had a reasonable opportunity to act on such
notice.
(C) Security of your Access Credentials. Your Access Credentials are used to
gain access to the Services and should be kept confidential at all times. You
are responsible for preserving the confidentiality of your Access Credentials,
Account numbers and other Account data. If you make this information available
to others, you are responsible for all transactions completed by those persons.
We recommend that you change your password regularly, and that you memorize it
and do not write it down.
3.6 Your Equipment
(A) Your use of the Services with your Equipment. You represent that you are an
authorized user of your Equipment. You understand that you must use the Services
with Equipment that you select, and that some or all of the Services may not
work with the Equipment you choose to use. It is your responsibility to make
sure you can properly use your Equipment and to determine if your Equipment will
support your use of the Services. You understand that your use of the Services
is dependent on certain factors beyond our control, such as factors affecting
your wireless carrier provider or the carrier settings on your Mobile Device. We
do not guarantee the availability of the Services or successful delivery of any
particular Service, including Account Alerts and the (Tap) for Balance Service.
We are not responsible for your Equipment or the availability of the services
provided by your online or mobile carrier, such as data outages or "out of
network" issues.
(B) Viruses. You understand that your Equipment may be susceptible to viruses,
worms, malware, or other malicious programs that could result in damage to you,
such as harm to your Equipment or your personal information being intercepted by
a third party. You are responsible for ensuring the Equipment you use is free
from any such programs, and you agree that we are not responsible or liable for
any such programs. You agree you will not send us any such program, access the
Services with any Equipment containing any such program, or engage in any
activity that could have a harmful effect on the Services.
(C) Your responsibility to maintain security on your Equipment. You understand
that certain Services we offer, such as the (Tap) for Balance Service and
Account Alerts, allow you to access certain information on your Equipment
without logging in to Online Banking or Mobile Banking. Once you opt in to any
such Service, you are responsible for keeping any personal information on your
Equipment secure. You should take all reasonable steps to keep this information
secure, such as enabling the security features on your Equipment. If your
Equipment is lost or stolen, or if your online or mobile service provider
changes, you agree to take reasonable steps to protect this information. These
steps include contacting us as soon as possible and logging in to Online Banking
and cancelling the Text Alerts Service or Email Alerts Service.
3.7 User conduct. You are responsible for your use of the Services and all
transactions and activity that you authorize through the Services. You certify
to us and agree that your use of the Services will not in any way, directly or
indirectly, violate applicable law, including any law, statute, ordinance,
contract or regulation relating to money laundering, illegal gambling
activities, support for terrorist activities, fraud or theft and/or violate any
provision of this Agreement or any other agreement to which you are bound. You
also agree not to make commercial use of the Services or resell, lease, rent, or
distribute access to the Services.
3.8 Fees for the Services. We do not charge a monthly or other fee for accessing
Online Banking or Mobile Banking, although there are fees for your use of
certain Services, as described below in this Agreement and your Account
agreements. All other fees which have been separately disclosed to you in
connection with your Account will continue to apply to that Account and to the
Services. We may begin charging a fee for a Service at any time even if we did
not do so previously. Your use of the Services can also result in fees being
charged by third parties, such as data fees charged by your wireless carrier.
3.9 Assumption of Risk. You understand and accept all risk associated with your
use of the Services to the maximum extent permitted by applicable law and this
Agreement. We are not and will not be responsible for losses caused by your
failure to properly use the Services, for any error or delay in your ability to
access any Service, any cost of upgrading your Equipment to remain current with
the Service, or any damage to your Equipment or the data therein.
3.10 LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR
AS REQUIRED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU "AS IS", WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY COST, LOSS, INJURY
OR DAMAGE (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL,
INCLUDING ATTORNEYS' FEES AND LOST PROFITS, EVEN IF WE ARE ADVISED IN ADVANCE OF
THE POSSIBILITY OF SUCH DAMAGES) CAUSED BY THE SERVICES OR THE USE THEREOF,
INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL
DISHONOR OR ANY CLAIM ARISING OUT OF THE USE OF THE SERVICES ON YOUR EQUIPMENT,
INCLUDING YOUR COMPUTER OR MOBILE DEVICE.
3.11 Indemnification. Unless caused by our intentional misconduct or gross
negligence, you agree, to the extent permitted by applicable law, to indemnify,
defend and hold harmless Pathward and our third-party service providers
(including Emerald Financial Services, LLC), as well as our or their respective
direct and indirect parents, subsidiaries, affiliates, officers, directors,
employees, consultants, agents, service providers, licensors, successors,
assigns, and the franchisees of any of them, from any and all liabilities,
damages, expenses and costs (including attorneys' fees) arising from third-party
claims, disputes, actions or allegations, including those related to
infringement, misuse, or misappropriation of information or otherwise, in
connection with your use of the Services, your violation of any law or rights of
a third party, or related activity.
3.12 Modification of the Services. We may modify the Services from time to time
in our sole discretion. Features within Mobile Banking and Online Banking are
subject to change without notice. We may revise the limits on type, frequency
and amount of transfers for security purposes and may change or impose limits
without notice. In the event of modifications, you are responsible for making
sure you understand how to use the Services as modified. You may agree to or
reject the changes by continuing or discontinuing, respectively, your use of the
Services. We may also offer additional Services and features from time to time.
Any added Services and features will be governed by this Agreement and by any
terms and conditions provided to you at the time when you use the new Service or
feature.
3.13 Termination of the Services. We reserve the right to suspend or terminate
the Services in whole or in part at any time with or without cause and without
prior written notice to you, except as required by law. We may (but are not
obligated to) suspend your use of the Services in our sole discretion, such as
in the case of suspected fraudulent activity. If you provide us with a
termination notice, we may (but are not obligated to) immediately discontinue
making previously authorized transfers, including recurring transfers and other
transfers previously authorized but not yet made. Termination of your use of the
Services does not affect your obligations under this Agreement.
3.14 How to Contact Us Regarding the Services. You agree to contact us via
telephone or mail rather than email for inquiries relating to the Services or
your Accounts. To contact us by phone, call 1-866-353-1266. To contact us by
mail, write to us at: Pathward, N.A., c/o Emerald Financial Services, P.O. Box
10170, Kansas City, MO 64171.
3.15 Services Availability. We use commercially reasonable efforts to make the
Services available for your use with minimal interruptions. However, the
Services may be temporarily unavailable for system maintenance. In addition,
access to the Services may be interrupted because of conditions beyond our
control, including outages in Internet or telecommunications availability. We
will use commercially reasonable efforts to reestablish the Services in those
instances, but we do not guarantee the Services will always be available for
your use. We do not guarantee functionality of the Services on any Mobile Device
or through all web browsers, on all communications networks, in all geographic
regions, or at all times. In no event will we be liable to you for
unavailability of the Services or your inability to access the Services or
particular functions within a Service.
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4. Available Services
4.1 Access. To use Online Banking or Mobile Banking, you must first set up your
Access Credentials and complete a verification process. Once completed, you may
use the Services to obtain certain information about your eligible Accounts. For
example, you may be able to obtain your Account balance, access certain
transaction history and statements, and other limited information. You may
access certain Services related to your eligible Emerald Card or Emerald Advance
through either Mobile Banking or Online Banking. You may access certain Services
related to your eligible Emerald Savings Account through Online Banking.
4.2 Transfers. The following categories of transfers may be made via the
Services. You must have sufficient funds available in the selected Account at
the time the transfer is initiated. We do not generally approve transfers that
we know will exceed your available balance, however, you will be responsible for
any transfers that do exceed your available balance.
(A) Transfers between Pathward Accounts. You may use the Services to transfer
funds between your eligible Pathward Accounts, including but not limited to
moving funds between your Emerald Card Account and your Emerald Savings Account
and making payments from your Emerald Card Account to your Emerald Advance.
* (i) Separateness of Accounts. Each of your Accounts is a separate account and
you must take affirmative steps to transfer money between them or make
payments from one toward the other. Your Emerald Card Account does not
directly access your Emerald Advance, therefore you may never directly access
Emerald Advance by using your Emerald Card to make a transaction.
* (ii) Fees. We do not charge a fee for transfers between Pathward Accounts.
(B) Transfers from third-party accounts to Pathward Accounts. You may also be
able to transfer funds from accounts at another financial institution to your
Pathward Account.
* (i) Linked Accounts. The Linked Accounts Service is the service available
through Online Banking by which you may transfer funds from a checking
account at another financial institution and load those funds to your Card
Account via the ACH network.
* * (a) Use of Linked Accounts. To use the Linked Accounts Service, you must
provide the account number and routing transit number associated with your
checking account at another financial institution and complete the
verification process.
* (b) Linked Accounts Limits. Transfers using the Linked Accounts Service are
subject to the limits described in Section 5.4.
* (c) Linked Accounts Fees. We do not charge any fee for transfers using the
Linked Accounts Service. However, you should check with your other bank for
any of its applicable limits or fees.
* (d) Timing. Your funds may not be available in your Card Account for up to
four (4) Business Days after the scheduled transfer is initiated.
(C) Emerald Advance Payments. You may use Online Banking to make payments toward
your Emerald Advance by providing the debit card number associated with the
payment account. We reserve the right to reject any payment made in excess of
the outstanding balance on your Emerald Advance.
4.3 Check-to-Card. The Check-to-Card Service is a Service within Mobile Banking.
The Check-to-Card Service is not a service provided by Pathward; rather, it is a
third-party service provided by Ingo Money, Inc. and Sunrise Banks, N.A. and
enables you to convert paper checks to electronic checks, negotiate them
electronically, and load the proceeds to your Card Account.
The Check-to-Card Service is governed by the Sunrise Banks, N.A. and Ingo Money,
Inc. Ingo Money Service Terms and Conditions (the "Check-to-Card Service Terms")
as well as Ingo's Privacy Policy. Please refer to the Check-to-Card Service
Terms for full information on the Check-to-Card Service, including important
information on limits and fees. Please note that fees apply for "Funds in
Minutes" transactions, as described in Section 5.5, the Emerald Card Cardholder
Agreement, and the Check-to-Card Service Terms.
4.4 Account Alerts. Account Alerts may include both the Text Alerts Service and
the Email Alerts Service. You can sign up for Account Alerts in Online Banking.
(A) Text Alerts. The Text Alerts Service allows you to opt in to receive text
alerts on your Mobile Device relating to certain activity on your Emerald Card.
* (i) Authorization. By opting into the Text Alerts Service, you are asking us
to send you text messages about certain activity on your Emerald Card and/or
your Emerald Card Account at the phone number you provide. You understand
that the Text Alerts Service depends on sending and receiving text messages
and may involve an automated dialing system. You may opt for alerts when
funds are added, when funds are removed, and/or when signature transactions
occur based on criteria you select. You may also request your Emerald Card
balance at any time by texting "BAL" to 58084. We will not respond to text
messages sent to us that do not comply with appropriate action codes. You
represent that any phone number you provide is yours, and you agree to inform
us immediately if the phone number you have provided us changes.
(B) Email Alerts. The Email Alerts Service enables you to receive email alerts
relating to certain activity on your Emerald Card.
* (i) Authorization. By opting into the Email Alerts Service, you are asking us
to send you email messages about certain activity on your Emerald Card and/or
Card Account at the email address you provide. You understand that the Email
Alerts Service requires that you receive email messages. You may opt for
alerts when funds are added, when funds are removed, and/or when signature
transactions occur based on criteria you select. You represent that any email
address you provide is yours, and you agree to inform us immediately if the
email address you have provided us changes.
(C) Your obligation to maintain security. You understand that each Account Alert
is sent to you without being encrypted and will include certain information
about your Card Account. You should enable the security features on your
Equipment, because anyone who has access to your Equipment may be able to view
your Account Alert.
(D) Assumption of Risk. You understand that Account Alerts are intended as a
convenience and courtesy to you. An Account Alert does not constitute an
official record for the Card Account to which it pertains. Account Alerts are
not a complete transaction history and will not include all transactions related
to your Card Account, such as certain fee transactions or transactions related
to the Emerald Card of a joint cardholder. Although we will attempt to send you
an Account Alert based on the criteria you select, you understand that in
certain circumstances, such as network outages or depending on carrier settings,
you may not receive the Account Alert. You agree that we are not responsible for
any non-delivery, delayed delivery, or misdirection of any message; inaccurate
or incomplete content in any message; or your reliance on any message.
(E) Fees for Account Alerts. We do not charge a fee for Account Alerts, although
your use of Account Alerts may result in fees charged by third parties, such as
text messaging or data rates charged by your wireless carrier.
4.5 (Tap) for Balance. The (Tap) for Balance Service is the service within
Mobile Banking by which you can opt in to the ability to view your Emerald Card
Account balance on the Mobile App login screen with a tap of your finger,
without repeatedly logging in.
(A) Authorization and Use. To use the (Tap) for Balance Service, you must first
log into Mobile Banking and affirmatively opt in to use the feature. Once the
feature is activated, you will be able to view your current Emerald Card Account
balance on the login screen of the Mobile App with a tap of your finger. You
understand that this feature will only provide your current balance, and you
will still be required to login to either Online Banking or Mobile Banking to
further manage your Emerald Card.
(B) Your obligation to maintain security. You understand that once you activate
the (Tap) for Balance Service, certain Card Account information will be viewable
on your Mobile Device without logging into the Mobile App. You should enable the
security features on your Mobile Device, because anyone with access to your
Mobile Device will be able to view your Card Account balance.
(C) Length of authorization. The (Tap) for Balance Service will only be active
for 180 days after you activate the feature. After this period, you will be
required to login to Mobile Banking and reactivate the (Tap) for Balance Service
functionality.
(D) Fees. We do not charge a fee for the (Tap) for Balance Service, although
your use of the (Tap) for Balance Service may result in fees charged by third
parties, such as your wireless carrier.
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5. ELECTRONIC FUND TRANSFER ACT DISCLOSURES
This Section 5 applies to your use of Services as it relates to your Card
Account pursuant to Regulation E. Regulation E applies to certain types of
electronic fund transfers you can make from or to your Card Account. Regulation
E sets forth the basic rights, liabilities and responsibilities of consumers who
use electronic fund transfers and of the financial institutions or other persons
who offer these services. It includes the actions you need to take if you
believe your Access Credentials, Emerald Card, Emerald Card number, or Personal
Identification Number ("PIN") has been lost or stolen, or if you notice an error
or unauthorized electronic fund transfer on your Card Account and the rules
regarding your potential liability for transfers.
5.1 Consumer liability for unauthorized transfers. Tell us AT ONCE if you
believe your Access Credentials, Emerald Card, Emerald Card number, or PIN has
been lost or stolen, or if you believe that an electronic fund transfer has been
made from your Card Account without your permission. Telephoning is the best way
of keeping your possible losses down. You could lose all the money in your Card
Account. If you tell us within 2 Business Days after you learn of the loss or
theft of your Access Credentials, Emerald Card, Emerald Card number, or PIN, you
can lose no more than $50 if someone used your Access Credentials or Emerald
Card without your permission.
If you do NOT tell us within 2 Business Days after you learn of the loss or
theft of your Access Credentials, Emerald Card, Emerald Card number, or PIN, and
we can prove we could have stopped someone from using your Access Credentials or
Emerald Card without your permission if you had told us, you could lose as much
as $500.
Also, if your electronic or written history shows transfers that you did not
make, including those made by card, code or other means, tell us at once. If you
do not tell us within 60 days after you electronically access your Card Account
(if the unauthorized transfer could be viewed in your electronic history) or we
sent the first written history reflecting the unauthorized transfer, whichever
is earlier, you may not get back any money you lost after the 60 days if we can
prove that we could have stopped someone from taking the money if you had told
us in time. If a good reason (such as a long trip or a hospital stay) kept you
from telling us, we will extend the time periods.
5.2 Contact in event of unauthorized transfer. If you believe your Access
Credentials, Emerald Card, Emerald Card number, or PIN has been lost or stolen,
call 1-866-353-1266 or write us at Cardholder Customer Service, PO Box 10170,
Kansas City, MO 64171.
You should also call the number or write to the address listed above if you
believe a transfer has been made from your Card Account without your permission.
5.3 Business Days. For purposes of these disclosures, our Business Days are
Mondays through Fridays, excluding federal holidays, even if we are open.
5.4 Transfer types and limitations.
(A) Account access. You may use your Access Credentials to:
* Transfer funds between your Card Account and your other Accounts at Pathward.
* Transfer funds from a checking account at another financial institution to
your Card Account.
Some of these services may not be available at all terminals.
(B) Limitations on frequency of transfers.
* (i) The maximum number of transfers you can make using the Linked Accounts
Service is one (1) transfer every five (5) Business Days.
* (ii) For security reasons, and at our sole discretion for any reason and
without notice to you, we may limit the number of loads to your Card Account
and/or the number of transactions you can make with your Emerald Card or
Access Credentials per day for each transaction type.
(C) Limitations on dollar amount of transfers.
* (i) The maximum amount of money you may transfer using the Linked Accounts
Service per request is $500.00. The maximum amount of money you may transfer
using the Linked Accounts Service per month is $2,500.00.
* (ii) For security reasons, and at our sole discretion for any reason and
without notice to you, the maximum value of your Card Account may be
restricted, we may limit the dollar amount of loads to your Card Account,
and/or we may limit the dollar amount of transactions you can make with your
Emerald Card or Access Credentials.
5.5 Emerald Card and Card Account Fees.
List of all fees for H&R Block Emerald Prepaid Mastercard®
All fees Amount Details Add money Cash reload $4.95
Fees of up to $4.95 may apply when reloading your Card Account at authorized
retail reload providers. These fees may vary based on location and are assessed
by the reload provider and may be subject to change without notice.
Locations may be found by logging in at www.hrblock.com/emeraldcard. Check to
Card - 10 Day Funding (Funds in Days) $0 Check to Card - Expedited Funding
(Funds in Minutes) 4% Fees of up to 4% of the check amount, based on accepted
check type. This fee is reduced to 2% for pre-printed payroll and government
checks with printed signature. Minimum fee of $2. Spend money Per purchase $0
Get cash Cash back at store $0 We do not charge a fee for requests for funds
from your Card Account at a merchant. However, you may be charged a fee at the
POS by the merchant processing the transaction. ATM withdrawal $3.00 This is our
fee. You may also be charged an additional fee by the ATM operator, even if you
do not complete a transaction. Over the counter withdrawal $35.00 This is our
fee for an over the counter withdrawal at a financial institution. Request check
or one-time ACH $0 Information Customer service $0 No fee for calling a live
agent or our automated customer service line. No fee for online customer
service. No fee for mobile customer service, but standard text message fees and
data rates imposed by your service provider may apply. ATM balance inquiry $1.50
This is our fee. You may also be charged an additional fee by the ATM operator.
Other ATM decline $1.50 This is our fee. You may also be charged an additional
fee by the ATM operator. Inactivity $4.95 You will be charged $4.95 each month
after you have not completed a transaction using your Card for 60 days. Fees do
not count as a transaction. Replacement Card (regular delivery) $0 No fee for
regular mail delivery or in an H&R Block office. Replacement Card (expedited
delivery) $35.00
Your funds are eligible for FDIC insurance. Your funds will be held at Pathward,
an FDIC-insured institution, or placed by Pathward as custodian of your funds at
one or more FDIC-insured Program Banks. In either event, your funds are insured
up to $250,000 by the FDIC if the institution holding them fails. See Section 4
of your Cardholder Agreement for more information. See also
fdic.gov/deposit/deposits/prepaid.html for details.
No overdraft/credit feature.
Contact Customer Service by calling 1-866-353-1266, by mail at Cardholder
Customer Service, PO Box 10170, Kansas City, MO, 64171, or visit
www.hrblock.com/emeraldcard.
For general information about prepaid accounts, visit cfpb.gov/prepaid.
If you have a complaint about a prepaid account, call the Consumer Financial
Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.
5.6 ATM fees. When you use an ATM to make a withdrawal, we charge a $3 fee. You
may be charged an additional fee by the ATM operator (and you may be charged a
fee even if you do not complete a fund transfer). See the table of Emerald Card
and Card Account fees in Section 5.5 above for details.
5.7 Confidentiality. We will disclose information to third parties about your
Card Account or the transfers you make:
(A) where it is necessary for completing transactions;
(B) in order to verify the existence and condition of your Card Account for a
third party, such as a credit bureau or merchant;
(C) in order to comply with government agency or court orders;
(D) if you give us your written permission;
(E) to our service providers, as well as the employees, auditors, affiliates,
successors, assigns, attorneys of us or our service providers, or the
franchisees of any of them; or
(F) otherwise as necessary to fulfill our obligations under this Agreement or as
permitted by applicable law.
5.8 Documentation. You may obtain information about the amount of money you have
remaining in your Card Account by calling 1-866-353-1266. This information,
along with a 12-month history of Card Account transactions, is also available by
logging in online at www.hrblock.com/emeraldcard.
You also have the right to obtain at least 24 months of written history of Card
Account transactions by calling 1-866-353-1266, or by writing us at Cardholder
Customer Service, PO Box 10170, Kansas City, MO 64171. You will not be charged a
fee for this information.
5.9 Preauthorized payments.
(A) Right to stop payment and procedure for doing so. If you have told us in
advance to make regular payments out of your Card Account, you can stop any of
these payments. Here's how:
Call us at 1-866-353-1266, or write us at Cardholder Customer Service, PO Box
10170, Kansas City, MO 64171, in time for us to receive your request 3 Business
Days or more before the payment is scheduled to be made. If you call, we may
also require you to put your request in writing and get it to us within 14 days
after you call.
(B) Notice of varying amounts. If these regular payments may vary in amount, the
person or company you are going to pay should tell you, 10 days before each
payment, when it will be made and how much it will be.
(C) Liability for failure to stop payment of preauthorized transfer. If you
order us to stop one of these payments 3 Business Days or more before the
transfer is scheduled, and we do not do so, we will be liable for your losses or
damages.
5.10 Our liability for failure to make transfers. If we do not complete a
transfer to or from your Card Account on time or in the correct amount according
to our agreement with you, we will be liable for your losses or damages.
However, there are some exceptions. We will not be liable, for instance:
(A) If, through no fault of ours, you do not have enough money in your Card
Account to make the transfer.
(B) If circumstances beyond our control (such as fire, flood or computer or
communication failure) prevent the transfer, despite reasonable precautions that
we have taken.
(C) If the Payee rejects or returns the payment for any reason.
(D) If your equipment, software, or any communication link is not working
properly.
(E) If you have provided us incorrect information about the Payee you wish to
pay.
(F) If access to your Emerald Card has been blocked after you reported your
Emerald Card lost or stolen.
(G) If there is a hold on your funds, or if they are subject to legal process or
other encumbrance restricting their use.
(H) If we have reason to believe the requested transaction is unauthorized.
(I) There may be other exceptions stated in our agreements with you.
We will maintain procedures reasonably adapted to avoid errors. However, if we
fail to complete a transfer to or from your Card Account on time or in the
correct amount according to our Agreement with you because of an unintentional,
bona fide error, we will be liable only for actual damages proved.
5.11 In Case of Errors or Questions about your Card Account. Telephone us at
1-866-353-1266 or write us at Cardholder Customer Service, PO Box 10170, Kansas
City, MO 64171 as soon as you can, if you think an error has occurred in your
Card Account. We must allow you to report an error until 60 days after the
earlier of the date you electronically access your Card Account, if the error
could be viewed in your electronic history, or the date we sent the FIRST
written history on which the error appeared. You may request a written history
of your transactions at any time by calling us at 1-866-353-1266 or writing us
at Cardholder Customer Service, PO Box 10170, Kansas City, MO 64171. You will
need to tell us:
* Your name and Emerald Card number or Card Account number.
* Why you believe there is an error, and the dollar amount involved.
* Approximately when the error took place.
If you tell us orally, we may require that you send us your complaint or
question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we
hear from you and will correct any error promptly. If we need more time,
however, we may take up to 45 days to investigate your complaint or question. If
we decide to do this, we will credit your Card Account within 10 Business Days
for the amount you think is in error, so that you will have the money during the
time it takes us to complete our investigation. If we ask you to put your
complaint or question in writing and we do not receive it within 10 Business
Days, we may not credit your Card Account.
For errors involving new Card Accounts, point-of-sale, or foreign-initiated
transactions, we may take up to 90 days to investigate your complaint or
question. For new Card Accounts, we may take up to 20 Business Days to credit
your Card Account for the amount you think is in error.
We will tell you the results within three Business Days after completing our
investigation. If we decide that there was no error, we will send you a written
explanation.
You may ask us for copies of the documents that we used in our investigation.
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6. ARBITRATION IF A DISPUTE ARISES ("Arbitration Agreement")
6.1 Scope of Arbitration Agreement. You and the Covered Parties agree that all
disputes and claims between you and the Covered Parties shall be resolved
through binding individual arbitration unless you opt out of this Arbitration
Agreement using the process explained below. However, to the fullest extent
permitted by applicable law, either you or the Covered Parties may elect that an
individual claim be decided in small claims court, as long as it is brought and
maintained as an individualized claim and is not removed or appealed to a court
of general jurisdiction. All issues are for the arbitrator to decide, except
that issues relating to the arbitrability of disputes and the validity,
enforceability, and scope of this Arbitration Agreement, including the
interpretation of and compliance with Sections 6.2, 6.4, and 6.6 below, shall be
decided by a court and not an arbitrator. The terms "Covered Parties" or "we" or
"us" in this Arbitration Agreement include Pathward, HRB Digital LLC, Emerald
Financial Services, LLC, along with their respective predecessors, successors,
and assigns, and each of the past, present, and future direct or indirect
parents, subsidiaries, affiliates, officers, directors, agents, employees, and
franchisees of any of them.
Arbitration Opt Out: You may opt out of this Arbitration Agreement within 30
days after you accept this Agreement by filling out the form at
www.arbitrationoptout.com/bank or by sending a signed letter to Pathward
Arbitration Opt Out, P.O. Box 5846, Kansas City, MO 64171. The letter should
include your printed name, address, the first five digits of your Social
Security Number, and the words "Reject Arbitration." If you opt out of this
Arbitration Agreement, any prior arbitration agreement shall remain in force and
effect.
6.2 Commencing Arbitration. You or we may commence an arbitration proceeding
only if you and we do not reach an agreement to resolve the dispute or claim
during the Informal Resolution Period (defined below).
(A) Pre-Arbitration Notice of Dispute. A party who intends to seek arbitration
must first mail a written Notice of Dispute ("Notice") to the other party. The
Notice to the Covered Parties should be addressed to: EFS-Legal Department,
Attention: Notice of Dispute, 1301 Main Street, Kansas City, MO 64105. The
Notice to you will be sent to the last known address on file with the Covered
Parties. The Notice must be on an individual basis and include all of the
following information: (1) the claimant's name, address, telephone number, and
e-mail address; (2) the nature or basis of the dispute or claim; (3) the
specific relief sought; and (4) the claimant's signature.
(B) Informal Settlement Conference. After the Notice containing all of the
information required above is received, within 60 days either party may request
an individualized discussion (by telephone or videoconference) regarding
informal resolution of the dispute ("Informal Settlement Conference"). If timely
requested, the parties will work together in good faith to select a mutually
agreeable time for the Informal Settlement Conference. You and our business
representative must both personally participate in a good-faith effort to settle
the dispute without the need to proceed with arbitration. The requirement of
personal participation in an Informal Settlement Conference may be waived only
if both you and we agree in writing. Any counsel representing you or us may also
participate; however, if you have retained counsel, a signed statement is
required by law to authorize the Covered Parties to disclose your confidential
tax and account records to your counsel. Any applicable statute of limitations
will be tolled for the claims and relief set forth in the Notice during the
period between the date that either you or we send the other a fully complete
Notice, until the later of (1) 60 days after receipt of the Notice; or (2) if a
Settlement Conference is timely requested, 30 days after completion of the
Settlement Conference (the "Informal Resolution Period"). The parties agree that
the existence or substance of any settlement discussions are confidential and
shall not be disclosed, except as provided by applicable law.
(C) Enforcement of Pre-Arbitration Requirements. The Notice and Informal
Settlement Conference requirements are essential so that you and we have a
meaningful chance to resolve disputes informally before proceeding to
arbitration. A court will have authority to enforce this Section 6.2, including
the power to enjoin the filing or prosecution of an arbitration or the
assessment of or demand for payment of fees in connection with an arbitration,
if the party who intends to seek arbitration does not first provide a fully
complete Notice and participate in a timely requested Informal Settlement
Conference. In addition, unless prohibited by applicable law, the arbitration
administrator shall not accept, assess or demand fees for, or administer an
arbitration commenced during the Informal Resolution Period.
6.3 How arbitration works. Arbitration 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 AAA's website www.adr.org. If AAA is unavailable or unwilling to administer
the arbitration consistent with this Arbitration Agreement, the parties shall
agree to, or the court shall select, another arbitration provider. Unless the
parties agree otherwise, any arbitration hearing shall take place in the county
of your residence. The arbitrator will be either a retired judge or an attorney
specifically licensed to practice law in the state of your residence and
selected by the parties from the arbitration provider's national roster of
arbitrators. The arbitrator will be selected using the following procedure: (1)
the arbitration provider will send the parties a list of five candidates meeting
this criteria; (2) if the parties cannot agree on an arbitrator from the list,
each party shall return its list to the arbitration provider within 10 days,
striking up to two candidates, and ranking the remaining candidates in order of
preference; (3) the arbitration provider shall appoint as arbitrator the
candidate with the highest aggregate ranking; and (4) if for any reason the
appointment cannot be made according to this procedure, the arbitration provider
will provide the parties a new list of five candidates meeting the above
criteria until an appointment can be made.
6.4 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, the arbitrator's rulings or any
relief granted must be individualized to you and shall not apply to or 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 Covered 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 Covered 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, after exhaustion of all appeals, a court decides that applicable law
precludes enforcement of any of this section's limitations as to a particular
claim or any particular request for a remedy for a claim (such as a request for
public injunctive relief), then the parties agree that the particular claim or
the particular request for a remedy (and only that particular claim or
particular request for a remedy) must remain in court and be severed from any
arbitration. No arbitration shall proceed in any manner as a class action
arbitration, private attorney general arbitration, or arbitration involving
joint or consolidated claims, unless all parties consent in writing.
6.5 Arbitration Costs. Payment of all filing, administrative, case-management,
arbitrator, and hearing fees will be governed by AAA Rules, but if you inform us
that you cannot afford to pay your share of the fees, we will consider advancing
those fees on your behalf and will do so if required by applicable law. In
addition, we will reimburse you for your share of the fees at the conclusion of
the arbitration (regardless of who wins) so long as (i) you complied with the
requirements in Sections 6.2 and 6.4 above and Section 6.6 below, and (ii)
neither the substance of your claim nor the relief you sought was determined to
be frivolous or brought for an improper purpose as measured by the standards set
forth in Federal Rule of Civil Procedure 11(b); otherwise, the payment of fees
will be governed by AAA Rules and you agree to reimburse the Covered Parties for
all fees advanced on your behalf.
6.6 Arbitration of Similar Claims. If 25 or more claimants submit Notices or
seek to file arbitrations raising similar claims and are represented by the same
or coordinated counsel (regardless of whether the cases are submitted
simultaneously), all of the cases must be resolved in arbitration in stages
using staged bellwether proceedings if they are not resolved during the Informal
Resolution Period. You agree to this process even though it may delay the
arbitration of your claim. In the first stage, each side shall select 10 cases
(20 cases total) to be filed in arbitration and resolved individually by
different arbitrators, with each case assigned to an arbitrator from the
claimant's home state. In the meantime, no other cases may be filed in
arbitration, and the AAA shall not accept, assess or demand fees for, or
administer arbitrations that are commenced in violation of this section. The
arbitrators are encouraged to resolve the cases within 120 days of appointment
or as swiftly as possible, consistent with principles of fundamental fairness.
If the remaining cases are unable to be resolved after the conclusion of the
first stage bellwether proceeding, each side shall select up to another 10 cases
(20 cases total) to be filed in arbitration and resolved individually in
accordance with this Arbitration Agreement. During this second stage, no other
cases may be filed in arbitration. If any claims remain after the second stage,
the process will be repeated until all claims are resolved through settlement or
arbitration, with two alterations. First, a total of 50 cases may be filed each
round (unless a higher number of cases is mutually agreed upon in writing).
Second, arbitrators who were assigned cases in previous rounds may be appointed
to new cases. If this Section 6.6 applies to Notice, the statute of limitations
applicable to the claims and relief set forth in that Notice shall be tolled
from the beginning date of the Informal Resolution Period until that Notice is
selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court
will have authority to enforce this Section 6.6, including to enjoin the filing,
assessing or demanding fees for, administration of, or prosecution of
arbitrations.
6.7 Other terms. 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 in Section 6.4,
if any portion of this Arbitration Agreement is deemed invalid or unenforceable,
it will not invalidate the remaining portions of the Arbitration Agreement. No
arbitration award or decision will have any preclusive effect as to any issues
or claims in any dispute, arbitration, or court proceeding where any party was
not a named party in the arbitration, unless and except as required by
applicable law. Notwithstanding any provision in this Agreement to the contrary,
the Covered Parties will not make any material change to this Arbitration
Agreement without providing you with an opportunity to reject that change by
following the directions provided. Rejection of any future change will not
impact this or any prior Arbitration Agreement to which you have agreed.
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7. General Provisions Relating to this Agreement
7.1 Modification and Termination of this Agreement. Except for the Arbitration
Agreement in Section 6, we may modify or terminate this Agreement at any time
without notice to you, except to the extent notice is required by law. When we
make changes, we will update this Agreement and post the revised Agreement
within Online Banking and/or Mobile Banking, unless an immediate change is
necessary to maintain the security of our systems. You may agree to or reject
changes by continuing or discontinuing your use of the Services.
7.2 Severability. Except as provided in the Arbitration Agreement in Section 6,
if any provision of this Agreement is found to be invalid or unenforceable under
applicable law, the remaining provisions of this Agreement will remain operative
and in full force and effect.
7.3 Assignment. We may assign this Agreement, as well as certain of our rights
and obligations under this Agreement, to our affiliates, service providers, or
third parties. Your rights and obligations under this Agreement may not be
assigned.
7.4 No Waiver. We will not be deemed to have waived any of our rights or
remedies hereunder unless such waiver is in writing. No delay or omission on the
part of us in exercising any rights will operate as a waiver of any rights or
remedies. A waiver on any one occasion will not be construed as a waiver on
other occasions.
7.5 Choice of Law. Except for the Arbitration Agreement in Section 6, this
Agreement will be governed by federal law or, to the extent state law applies,
the law of the state of South Dakota (without regard to the laws regarding
conflicts of laws).
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