As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-court
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.
Company’s fee promise
Reviewed category: reimburses-filing-fee
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 violate the standards set forth in Federal Rule of Civil Procedure 11(b); if these conditions are not met, 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.
Fee or cost shifting against the consumer
Reviewed category: pre-filing-noncompliance-costs
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 violate the standards set forth in Federal Rule of Civil Procedure 11(b); if these conditions are not met, 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.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
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 party who intends to seek arbitration must first mail a written Notice of Dispute (“Notice”) to the other party. ... 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”). ... 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.
Mass-arbitration terms
Reviewed category: staged-bellwether
If 25 or more claimants submit Notices or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel ... the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by this Arbitration Agreement, shall apply, and all of the claims must be resolved in arbitration in stages using staged bellwether proceedings if they are not resolved during the Informal Resolution Period. ... In the first stage, each side shall select 15 claimants (30 claimants total) whose claims will be filed in arbitration and resolved individually by different arbitrators, with each claimant’s claim assigned to an arbitrator from the claimant’s home state.
Small-claims carve-out
Reviewed category: available-standard-carve-out
As an alternative to arbitration, you and the H&R Block Parties agree, to the fullest extent permitted by applicable law, that either party may file and pursue an individual action in an appropriate small claims court, as long as the action is brought and maintained as an individualized claim both in that court and on any appeal to an applicable court, and the relief sought by the claimant at all times falls within the jurisdiction of the small claims court. If the action satisfies the requirements of federal subject-matter jurisdiction, the defendant in the action may remove the action to federal court, and you and the H&R Block Parties agree that such an action shall then be resolved in arbitration in accordance with this Arbitration Agreement instead of in that federal court.
Opt-out
Reviewed category: general-with-window
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 Agreement Opt Out, P.O. Box 32818, Kansas City, MO 64171. ... If you opt out of this Arbitration Agreement, any prior arbitration agreement shall remain in force and effect.
Unilateral modification
Reviewed category: fresh-rejection-right-per-amendment
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. ... 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).
Scope
Reviewed category: broad-plus-survives-termination
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. ... If you are preparing or filing a joint tax return, the term “you” in this Arbitration Agreement refers to both taxpayers. The term “you” in this Arbitration Agreement also refers to any dependents you claim on your tax return. 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. ... 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.
Confidentiality of the arbitration
Reviewed category: pre-filing-negotiations-only
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.
Shortened limitations period
Reviewed category: silent
No provision on this field was extracted from the captured text.
Severability if the class waiver is struck
Reviewed category: narrow-severance
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.
Counsel or representation restrictions
Reviewed category: authorization-to-share-account-with-counsel
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. ... Any counsel representing you or us may also participate; however, if you have retained counsel, ... federal law and regulations require a signed consent form from you to authorize the H&R Block Parties to disclose your confidential tax and account records to your counsel.
Mass-arbitration numeric trigger
Reviewed category: bellwether-trigger
Stated term: “25 or more” claimants who submit Notices or seek to file arbitrations raising similar claims — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
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)