Notice/Acceptance of Terms
This Terms of Service Agreement (the "Agreement") is a contract between you and H&R Block Bank™, a wholly-owned subsidiary of H&R Block Financial Corporation ("the Bank"). This Agreement governs your use of the Bank's web site located at www.hrblockbank.com (the "Site"). Be sure that you carefully read and fully understand this Agreement. The Bank is willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions contained in this Agreement. By accessing or using the Site, including without limitation any of the products or services offered on the Site, you agree to be bound by, all the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE.
You may print this Agreement or download this Agreement to your computer. To the extent that you use particular Bank services (or the services of any affiliates of the Bank), you are subject to any applicable agreements ("Supplemental Agreements") and any posted guidelines or rules applicable to such services. All such guidelines, or rules, are hereby incorporated by reference into this Agreement. Where a conflict exists between this Agreement and any of the Supplemental Agreements, the provisions of the applicable Supplemental Agreement shall govern. The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional disclaimers, guidelines, rules, terms or conditions of specific application on any particular page of this Site.
Description of Service/Eligibility/Access to Service
In order to use the Site, you must obtain access to the World Wide Web and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance, telecommunications failure, hardware failure or software failure. the Bank makes no representations, warranties or assurances as to the availability of the Site.
You are responsible for your use of your Internet browser, the Site and the services provided on the Site. The Bank is not responsible for deletion of data, timeliness of services, or the failure to store any of your data or personalization settings.
If you are under the age of 13, you may not use this Site or the services on this Site.
The Bank is not providing investment advice through this Site, and the material on this Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of the Bank or its affiliates.
No Unlawful or Prohibited Use
As a condition of your use of this Site, you warrant to the Bank that you will not use, or permit any third party to use, this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.
You shall not (nor cause any third party to) use the Site or information provided through the Site to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy - of others) or immoral activities or any of the following types of activities, without limitation:
- using any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site
- transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- advertising or commercial content;
- interfering with or disrupting the Site;
- disrupting the activities or enjoyment of the Site for other users; or
- collecting, or storing personal data about other users.
You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any of content created or submitted by you or generated in response to information submitted by you (collectively, "User Content").
Except as expressly provided otherwise in an applicable Supplemental Agreement, the Bank grants you a personal, revocable, non-transferable and non-exclusive license to display on your computer, print, download and use screen displayed text, audio clips, video clips and other such content that is made available to you on this Site, solely for your own non-commercial, personal purposes necessary to receive the services provided on the Site, provided that:
- you do not (and do not allow any third party to) modify or create a derivative work of any such content; and
- you include with and display on each copy of such content the associated copyright notice.
No other use is permitted. Without limiting the generality of the foregoing, you may not:
- include such content in or with any product that you create or distribute;
- include such content on another Internet Web site.
- reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
- establish: (i) a hyperlink to any page other than the home page of the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities;
and may not direct any other person to do any of the foregoing. You agree not to access the Site by any means other than through a commercially available Web browser.
The Bank either owns or has obtained permission from the owner to use the content on this Site. "hrblockbank.com" and the hrblockbank.com logo are trademarks of the Bank. Other names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trademarks, trade names, trade dress and associated products and services of the Bank or its affiliates. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of the Bank is strictly prohibited.
Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal or common law, trademark and/or copyright laws and could subject such person to legal action.
Modifications to Site
The Bank reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that the Bank shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change.
In consideration of your use of the Site, where you have provided the Bank with information about yourself in response to prompting by the Site (for example when prompted by the Site's registration forms), you agree that such information will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or the Bank has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Bank has the right, without limitation, to suspend or terminate any of your accounts and to refuse any and all current or future use of the Site (or any portion thereof) or the services provided on the Site.
Member Account; Password and Security
The Bank may supply you with a password and account designation upon completing the Site registration process. You are responsible for maintaining the confidentiality and security of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the Bank of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session. If your status as a user of the Site is terminated, you must (i) cease using the Site and any information obtained from the Site, and (ii) destroy all copies of your account information, password and any information obtained from the Site. The Bank assumes no liability for any loss or damage arising from your failure to comply with this section.
Confidential Information of the Bank
You agree that you will not disclose the Bank's Confidential Information to any person or entity, other than as necessary to use the services provided on the Site. You will not use or permit the use of any Confidential Information except as necessary in connection with the services. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. "Confidential Information" means all information or material which: (i) is obtained from password protected portions of the Site or (ii) which is (A) marked "Confidential," "Restricted," or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
Transactions with Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including without limitation with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of the Bank. You agree that the Bank shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, "Claims") incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify the Bank and its affiliates from and against any Claims incurred as the result of any such dealings.
Third Party Links
This Site may provide links or references to other sites. The Bank makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. The Bank disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that the Bank endorses the content of such sites. Where the Bank is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement unless a specific Supplemental Agreement is applicable to the use or display of that content.
Disclaimer of Warranties
Except as expressly provided otherwise in an applicable Supplemental Agreement, the Bank disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. The Bank disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof. Any communications sent to you via this Site or otherwise from the Bank (including without limitation in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including without limitation any financial market data and tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, tax or accounting advice and should not be relied upon in that regard. Your financial and tax situation may be unique and therefore you should independently consult a tax advisor such as an H&R Block advisor in your nearest H&R Block office.EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, ALL PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. THE BAN AND ITS AFFILIATES AND DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE SITE. THE BANK AND ITS AFFILIATES AND DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL. Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL THE BANK, ANY OF THE BANK'S AFFILIATES OR DATA PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OR OPERATIONS OF THIS SITE (COLLECTIVELY THE "SITE PROVIDERS"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGE (INCLUDING WITHOUT LIMITATION ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM THE BANK (INCLUDING WITHOUT LIMITATION IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless the Bank and its affiliates from and against any Claims arising out of or relating to: (i) User Content you submit, post to or transmit through the Site; or (ii) your violation of any rights of any other person in connection with the Site, information you post on this Site, information you receive from the Site, or the services provided on the Site.
- Governing Law. This Agreement shall be governed by the laws of the State of Missouri, without regard to conflicts of law provisions.
- Entire Agreement. This Agreement, along with any Supplemental Agreements, is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of the Bank, which are not included in this Agreement, shall be binding on the Bank or its affiliates.
- Amendments. You may not modify or amend this Agreement in whole or in part without the prior written consent of both you and an authorized representative of the Bank. The Bank may replace or amend these terms from time to time and your subsequent use of the Site, or any content, services or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use.
- Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and the Bank. The Bank's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
- Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
- Miscellaneous. This Agreement shall enure to the benefit of the Bank and its affiliates. Any and all references in this Agreement to the Bank and its affiliates, including without limitation pursuant to Sections 14 and 15 shall, where the context so permits, include the Bank's parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. The Bank may assign its rights and duties under this Agreement to any party at any time without notice to you.
- Dispute Resolution. You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Site or the services provided on the Site will be resolved exclusively by final and binding arbitration conducted pursuant to the AAA's Procedures for Consumer-Related Disputes in conjunction with the AAA's Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) The arbitration shall be held at the AAA regional office nearest the entrant; (4) The arbitrator's decision shall be controlled by the terms and conditions of this Agreement; (5) The arbitrator shall apply Missouri law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law; (6) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator shall not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits the entrant is required to pay under the AAA rules exceed $125, and the entrant is unable to pay the additional fees and deposits, the Bank retains the right to forward them to the AAA on the entrant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Bank retains the right to pay as much of the entrant filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
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