0% Interest Tax Refund Advance Loan

PREQUALIFICATION TERMS AND CONDITIONS

Important Information: H&R Block is not the lender for the Refund Advance loan and does not determine the result of the Prequalification Service. H&R Block is facilitating the Service on behalf of Axos Bank^®, the lender for Refund Advance. To use the Prequalification Service, you authorize H&R Block to send your information to Axos Bank and for Axos Bank to return the result to H&R Block, so that the result may be provided to you.

1. Introduction
   
   This document (the "Prequalification Terms and Conditions" or "Prequalification Agreement") is a contract between you and Axos Bank that governs your use of the Prequalification Service. Please take time to carefully read and understand this Prequalification Agreement, which includes a binding arbitration agreement in Section 7 that requires resolution of disputes by individual arbitration rather than by jury trials or class actions.
2. Definitions. The words used in this Prequalification Agreement have the following meanings:
   1. "Axos Bank," "We", "Us", or "Our" means Axos Bank, and its successors, affiliates, third-party service providers (including, without limitation, Emerald Financial Services, LLC) or assignees, as applicable.
   2. "Emerald Card^®" means the H&R Block Emerald Prepaid Mastercard^® issued by Axos Bank.
   3. "Equipment" means the equipment you use to access the Prequalification Service, including but not limited to mobile devices such as a cellular phone, smart phone or tablet; personal computers such as a desktop computer or a laptop computer; or other devices used to access the Prequalification Service.
   4. "H&R Block" means HRB Tax Group, Inc., its successors, affiliates, third-party service providers, or the franchisees of any of them, as applicable.
   5. "Prequalification Agreement" or "Prequalification Terms and Conditions" means this contract that governs your use of the Prequalification Service.
   6. "Prequalification Service" or "Service" is the banking service offered by Axos Bank on the Website that allows you to determine whether you would be eligible to apply for the Refund Advance, based on your self-reported tax situation from last year and other information.
   7. "Refund Advance" means an optional tax refund-related loan that is offered by Axos Bank to certain H&R Block clients at the time of tax preparation.
   8. "Website" means the website operated by H&R Block, available at www.16xiji.cn
   9. "You" and "Your" refers to each person who accesses the Prequalification Service.
3. Terms and Conditions
   1. This Prequalification Agreement. By using the Prequalification Service, you are agreeing to all terms and conditions in this Prequalification Agreement. You represent that you are lawfully able to enter into this Prequalification Agreement.
   2. Electronic Delivery. You understand that this Prequalification Agreement and the Prequalification Service are provided electronically. You agree to enter into this Prequalification Agreement, and to use the Prequalification Service, electronically.
4. Prequalification Service
   1. Nature of Service. The Prequalification Service is a service offered by Axos Bank on the Website that allows you to determine whether you would be eligible to apply for the Refund Advance based on information you provide about your tax situation from last year and other information. This Service is provided for your convenience and at your request.
   2. Accuracy of Information. You understand that the Prequalification Service is based primarily on information you provide. You represent that all information you provide is true, complete and accurate. You also represent that you are the owner of the information and you have the right to provide it to us. You understand that any prequalification to apply is based in part on information you provide and if the information you provide is inaccurate or incomplete, any prequalification to apply could change.
   3. No Guarantee. Any result you receive from the Prequalification Service is not guaranteed. If you are prequalified to apply, this prequalification to apply could change for a variety of reasons, including changes in your tax situation, changes in the information that you provided, or other factors. It is also not a guarantee that you will ultimately be approved for the Refund Advance; approval is subject to your submission of an application and underwriting by us. Approval of any application is at our sole discretion.
   4. No Application. By going through the Prequalification Service, you are not submitting an application for the Refund Advance. To apply for the Refund Advance, you must have your 2019 tax return prepared and e-filed in a participating H&R Block office during the Refund Advance offer period, pass the eligibility criteria at the time of tax preparation (including having a sufficient refund amount, meeting the ID requirements and providing certain consents) and submit an application.
   5. No Obligation. You understand that your use of the Prequalification Service is entirely voluntary, and your use of the Service does not obligate you in any way to use H&R Block to prepare your taxes or to apply for a Refund Advance with Axos Bank. If you choose to apply for a Refund Advance at the time of tax preparation, you may be approved even if you did not use the Prequalification Service.
   6. Refund Advance. The Refund Advance loan will be available in participating H&R Block offices for a limited time only and is subject to various terms and conditions, as explained more fully on the Website. To qualify for a Refund Advance, you must meet certain eligibility criteria, including your willingness to receive your loan proceeds on the Emerald Card^®. You must also submit an application, and be approved by us, for which there is no guarantee as explained above. We reserve the right to not offer the Refund Advance during the 2020 tax season, or to discontinue the Refund Advance at any time.
   7. Fees. There are no fees charged by Axos Bank or H&R Block for your use of the Prequalification Service. However, fees may be charged by third parties, such as standard text message and data rate charges and similar fees from your internet or mobile service provider.
   8. Modification or Termination of Prequalification Service. The Prequalification Service may not be available at all times. We reserve the right to modify or terminate the Prequalification Service at any time.
5. Your Equipment
   1. Your use of the Service with your Equipment. You understand that you must use the Service with Equipment that you select. 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 Service. You represent that you are an authorized user of your Equipment. You are responsible for ensuring the Equipment you use is free from programs such as viruses or malware, and you agree that we are not responsible or liable for any such programs.
   2. User Security. You agree to take every reasonable precaution to ensure the safety, security and integrity of the information you provide while using the Prequalification Service. You agree you will not leave your computer unattended while accessing the Service.
6. Your Privacy and Consent to Share Certain Information
   1. Privacy Notice. By using the Prequalification Service, you are providing your information to Axos Bank and you become a customer of Axos. Axos Bank may use or disclose this information in accordance with its privacy notice and applicable law. The Bank's Privacy Notice is available at http://www.16xiji.cn/financial-services/privacy-statement.html.
   2. Authorizations. You authorize:
      1. H&R Block to send the information you provide on the Website and other relevant data to Axos, and Axos Bank to return the result to H&R Block, so that the result may be provided to you;
      2. Axos Bank to contact and disclose your information to, and obtain information from, the U.S. Department of the Treasury Offset Program, administered by the Bureau of the Fiscal Service's Debt Management Services, on your behalf in connection with Refund Advance; and
      3. Axos Bank (or H&R Block on Axos Bank's behalf) to deliver to your cellular phone text messages regarding Refund Advance using an automatic system. You are not required to have a cellular phone or provide us with your cellular phone number as part of the Prequalification Service. Standard text message and data rates of your cellular provider may apply.
7. ARBITRATION IF A DISPUTE ARISES ("Arbitration Agreement")
   1. Scope of Arbitration Agreement. You and the Covered Parties (as defined below) agree that all disputes and claims between you and any one or more of the Covered Parties shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. However, either you or the Covered Parties may bring an individual claim in small claims court, as long as it is brought and maintained as an individual claim. All issues are for the arbitrator to decide, except that issues relating to the validity, enforceability, and scope of this Arbitration Agreement, including the interpretation of Paragraph 7.3 below, shall be decided by the court and not the arbitrator. For purposes of this Arbitration Agreement, the term "Covered Parties" shall include Axos Bank; H&R Block; Emerald Financial Services, LLC; as well as any of their respective direct or indirect parents, subsidiaries, and affiliates. This term also includes the predecessors, successors, officers, directors, agents, employees and franchisees of any of them.

      Right to Opt Out of This Arbitration Agreement: You may opt out of this Arbitration Agreement within the first 60 days after you accept this Prequalification Agreement by fully filling out the form found at www.arbitrationoptout.com/axos, or by sending a signed letter to Axos Arbitration Opt-Out, P.O. Box 5846, Kansas City, MO 64171. The letter should include your printed name, the first five digits of your Social Security Number, state, zip code, and the words "Reject Arbitration." If you opt out of this Arbitration Agreement, any prior arbitration agreement shall remain in force and effect.

   2. How arbitration works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and the Covered Parties agree otherwise, any arbitration hearing shall take place in the county of your residence.
   3. Waiver of right to bring class action and representative claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including compensatory, statutory, and punitive damages; attorneys' fees; and declaratory, injunctive, and equitable relief. However, any relief must be individualized to you and shall not affect any other client. The arbitrator is also empowered to resolve the dispute with the same defenses available in court, including but not limited to statutes of limitation. You and the 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 a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or any particular remedy for a claim (such as a request for public injunctive relief), then that particular claim or particular remedy (and only that particular claim or particular remedy) must remain in court and be severed from any arbitration. The Covered Parties do not consent to, and the arbitrator shall not have authority to conduct, any class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims, under any circumstance.
   4. Arbitration Costs. The Covered Parties will pay all filing, administrative, arbitrator and hearing costs. The Covered Parties waive any rights they may have to recover an award of attorneys' fees and expenses against you.
   5. Other terms & information. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. Except as set forth in this Arbitration Agreement, 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 Prequalification 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. Rejection of any future change will not impact this or any prior Arbitration Agreement to which you have agreed.
8. General Provisions Relating to this Prequalification Agreement
   1. Governing law. Except as provided in the Arbitration Agreement in Section 7, this Prequalification Agreement is governed by, interpreted, construed, and enforced in accordance with federal law. To the extent state law applies, the law of the state of Nevada will apply, except to the extent inconsistent with or preempted by federal law.
   2. Entire agreement. This Prequalification Agreement is the entire agreement that governs the Prequalification Service related to your tax return for the 2019 tax year and supersedes all previous communications, representations, or agreements.
   3. Severability. Except as provided in the Arbitration Agreement in Section 7, if any provision of this Prequalification Agreement is found to be invalid or unenforceable under applicable law, the remaining provisions of this Prequalification Agreement will remain operative and in full force and effect.
   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.