The following Terms and Conditions govern your use of our Site and Services, including, but not limited to, our web interface located at https://erctaxgurus.com (“Site”) (collectively, the “Services”).
These Terms and Conditions (the “Terms”) are a binding contract between your Company and ERC Tax Gurus, LLC (“ERC Tax Gurus”). As used in these Terms, “we”, “us”, or “our” also refers to ERC Tax Gurus.
You acknowledge and agree that these Terms are the complete and exclusive statement of the mutual understanding between you and ERC Tax Gurus, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of ERC Tax Gurus, and you do not have any authority of any kind to bind ERC Tax Gurus in any respect whatsoever.
Incentive programs that could be available for your company include, but are not limited to, Employee Retention Credit, Section 41 Research & Experimentation Credits, Energy EP Act 179D, as well as Hiring-based Incentives, Federal HUD Zone Credits, State Location-based Credits, and Employee Reimbursement Incentives.
ERC Tax Gurus is a consulting firm. ERC Tax Gurus may subcontract CPAs, MBAs, PHDs, Engineers, Manufacturing Specialists, Software Developers, Accounting Professionals, and Tax Attorneys to find refunds, deductions, credits, and incentives businesses can claim. Our team of experts identify, quantify, qualify, and calculate the refunds due to our Clients. ERC Tax Gurus will answer any questions and provide backup data for any inquiry.
Eligibility to Use ERC Tax Gurus' Services
To access or use ERCTaxGurus’ Services, you must be able to form a legally binding contract with ERCTaxGurus. Therefore, you represent and warrant that you are of legal age to form a binding contract. By accepting these Terms, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. If you do not agree to these Terms, please do not use the Services.
You agree to use the Services only for your personal use and not on behalf of or for the benefit of any third party. You further agree to use the Services only in a manner that complies with all applicable laws.
If your use of the Services violates any applicable laws or regulations, or if you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States or other countries, then you are not authorized to use the Services. If permits and licenses are required for you to use the Services, it is your responsibility to first obtain those prior to such use. ERC Tax Gurus is not responsible for your using the Services in a way that breaks any law or regulation.
Description of Services
The Services provided by ERC Tax Gurus comprise of a web-hosted user interface. You acknowledge that your decision to interact with any of the systems or code that support the Services is entirely your own, and that ERC Tax Gurus holds no control or responsibility for the outcomes of your transactions with the Services.
ERC Tax Gurus will undertake the following steps to assess, analyze, and secure your eligible incentives:
- Evaluate your company's eligibility for specialized incentive programs.
- Gather documentation to determine your company's utilization of incentives.
- Establish the total fee required to obtain the benefit(s).
Representations and certifications
Your company agrees to provide the necessary documentation for the Credit Projection Report. ERC Tax Gurus will analyze the information provided in the qualification form, along with your company's tax returns, to provide you with a conservative estimate of credits that will be available to you in the form of a repayment of overpaid taxes from a federal and/or state tax authority. If you decide to engage ERC Tax Gurus, a consulting agreement and CPA engagement letter will be presented to you, outlining further details, fees, and expectations. Please note that ERC Tax Gurus will only accept projects if your company is deemed eligible for the refunds.
All documentation is prepared in a manner that allows your company to apply the credits to past or current tax liability. Credits are issued in the form of a refund check and may also be carried forward to offset tax liability in the future. If any credit we calculated is denied for any reason, ERC Tax Gurus will refund that portion of its fee.
You certify that you have the necessary authority to sign and submit this questionnaire on behalf of the Applicant. You also certify that all information provided in this questionnaire and in all supporting documentation is true and correct in all material respects. You make this certification after conducting a reasonable inquiry into the people, systems, and other information available to the Applicant.
As the Authorized Representative on behalf of the Applicant, you acknowledge and agree to hold ERC Tax Gurus, its employees, and officers harmless from any damages, monetary or otherwise, that may arise as a result of incorrect information supplied by the Applicant in relation to the activity of obtaining a Tax Credit from the Internal Revenue Service.
Please note that your access and use of the website may be interrupted from time to time due to third party failures beyond our control, such as the unavailability of general Internet infrastructure. Access and use may also be interrupted for periodic updating, maintenance, or repair of the website. While we will make reasonable efforts to make the website available to you, we do not guarantee its availability at all times.
Restrictions and requirements for our services:
You represent, warrant, and agree that you will not contribute any content or use the website or interact with the website in a manner that:
- Infringes or violates anyone else's intellectual property rights or any other rights (including those of ERC Tax Gurus).
- Violates any laws or regulations or these Terms.
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
- Jeopardizes the security of ERC Tax Gurus.
- Attempts, in any manner, to obtain the account or other security information from any other individual.
- Violates the security of any computer network or cracks any passwords or security encryption codes.
- Runs any form of auto-responder or "spam" on the Services or any processes that run or are activated while you are using the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure
- "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means).
- Copies or stores any significant portion of the Content.
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the website; or
- Circumvents, removes, alters, deactivates, degrades, or thwarts any technological measure or content protections of the Services.
Your Use of Services and Your Representation and Certifications
As ERC Tax Gurus LLC, we agree to provide you with the Credit Projection Report upon receiving the necessary documentation from your company.
Based on the information provided in the qualification form along with your company tax returns, we will analyze and provide your company with a conservative estimate of the credits that can be obtained in the form of a repayment of overpaid taxes from a federal and/or state tax authority. If you choose to proceed with our services, we will offer you a consulting agreement and CPA engagement letter with further details, fees, and expectations. We only accept projects if we determine that your company qualifies for the refunds.
All documentation will be prepared in a way that allows your company to apply the credits to past or current tax liability. The credits will arrive in the form of a refund check and can also be carried forward to offset tax liability in the future. If any credit we calculate is denied for any reason, we will refund that portion of our fee.
By signing and submitting this questionnaire on behalf of the Applicant, you certify that you have the required authority and that the information provided in the questionnaire and supporting documentation is true and correct in all material respects. You make this certification after conducting reasonable inquiries of people, systems, and other information available to the Applicant.
As the Authorized Representative on behalf of the Applicant, you agree to hold ERC Tax Gurus LLC, its employees, and officers harmless from any damages, monetary or otherwise, that may arise as a result of incorrect information supplied by the Applicant in relation to obtaining a Tax Credit from the Internal Revenue Service.
Please note that access to our website may be interrupted from time to time due to third-party failures outside of our control, such as unavailability of general Internet infrastructure. Access may also be interrupted for periodic updating, maintenance, or repair of the website. While we will make reasonable efforts to ensure the website is available to you, we cannot promise that it will be available at all times.
Assumption of Risk
By accessing and using our Services on erctaxgurus.com, you acknowledge and accept that using Sites and Services provided on the internet comes with substantial risks. You agree and understand that:
- You have the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of the Services.
- You have the knowledge, experience, understanding, professional advice, and/or information to make your own evaluation of the merits, risks, and applicable compliance requirements under applicable laws of any use of our Services and are not relying on us.
- You accept networking technology generally and assume all risks associated with using our Services.
We will have no responsibility or liability for such risks. By accessing and using our Services, you irrevocably waive, release, and discharge any and all claims, whether known or unknown to you, against ERC Tax Gurus LLC, our affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives related to any of the risks set forth in these Terms.
You take responsibility for all activities and transactions that occur in connection with your use of our Services and accept all risks and consequences of your use of our Services to the maximum extent permitted by law.
By providing information to ERC Tax Gurus, you acknowledge and accept that certain information about your business affairs, products/services, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information (collectively, “Confidential Information”) may be disclosed or made available to ERC Tax Gurus. Confidential Information does not include information that is generally available to and known by the public, is available to ERC Tax Gurus from a third-party source on a non-confidential basis, is known by or in the possession of ERC Tax Gurus before disclosure, is independently developed by ERC Tax Gurus without using any of your Company's Confidential Information, or is required to be disclosed by law or a valid order from a court or governmental agency.
ERC Tax Gurus and its subcontractors will need access to certain confidential records, such as Payroll Tax Returns, State and Federal Income Tax Returns, and supplementary information, to determine qualification for State and Federal tax credits. By agreeing to furnish this information, your Company grants ERC Tax Gurus and its agents permission to use it solely for the purposes necessary to secure tax credits and/or refunds for your Company. If a Consulting Agreement is signed, ERC Tax Gurus will disclose information to the State Taxing Authority and/or Internal Revenue Service for this purpose. This confidential information will not be shared or disclosed to any other third party, except to employees/associates who have a need to know.
All communications between the parties, including fax and email, will be governed by these Terms and Conditions. Your Company gives its referring field consultant permission, as a conduit to ERC Tax Gurus and its subcontractors, to receive and deliver the completed documents. ERC Tax Gurus and its subcontractors agree to hold confidential or proprietary information in trust and confidence and use it only for the contemplated purposes necessary.
Your access to and use of the Services are personal and non-transferable. You may only use our website for lawful purposes. Subject to your compliance with these Terms, ERC Tax Gurus hereby grants you a personal, non-exclusive, non-assignable, non-sublicensable, non-transferrable, worldwide license to use the content provided to you as part of the website for personal, non-commercial purposes.
The Content available on or through the Services, including text, graphics, data, articles, photos, images, illustrations, and other materials are protected by copyright and other intellectual property laws. You agree to comply with all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit any Content not owned by you without the prior consent of the owner of that Content or in a way that violates someone else’s (including ERC Tax Gurus') rights.
Except with respect to any open source software or third-party software that the Services incorporate, ERC Tax Gurus owns the Services, including all technology or Content (including all intellectual property rights subsisting therein), and hereby grants you a limited, revocable, transferable license to access and use those portions of the Services that are proprietary to ERC Tax Gurus.
ERC Tax Gurus Has and Retains All Rights in Our Services Except for integrations with or links to third-party applications or websites, the Service itself, all content, and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“ERC Tax Gurus Content”) are the property of ERC Tax Gurus and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the ERC Tax Gurus Content without our permission.
Subject to the terms and conditions of these Terms, we grant you a license to use the Service, including accessing and viewing ERC Tax Gurus Content, for your use and to engage as expressly permitted by the features of the Service. ERC Tax Gurus may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, ERC Tax Gurus reserves all other rights, and no other rights are granted by implication or otherwise.
Third Party Services and Websites
Any third-party goods, services, or websites (“Third Party Content”), or the information or content publicly posted or privately transmitted or made available through Third Party Content is the sole responsibility of the individual or organization from whom such goods, services, or content originated, and you access information and content from these goods, services, or websites at your own risk.
ERC Tax Gurus is not liable for any errors or omissions or for any damages or loss you might suffer in connection with these goods, services, or websites.
ERC Tax Gurus has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, ERC Tax Gurus will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold ERC Tax Gurus harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, financial transactions, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants of the Services, or between users and any third party, you agree that ERC Tax Gurus is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release ERC Tax Gurus, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Suspension or Termination of Use
You may terminate your use of our Services at any time. ERC Tax Gurus may terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Terms. ERC Tax Gurus has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us (if applicable) or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
You agree that ERC Tax Gurus shall not be liable to you or any third party for any such modification, suspension, or discontinuance of our Services. In addition, we reserve the right to terminate your access to our Services for any reason, and to take any other actions that ERC Tax Gurus, in its sole discretion, believes to be in the interest of our ERC Tax Gurus and of our users as a whole.
Disclaimer of Warranty
Your Use of the Services is Subject to Certain Disclaimers. ERC TAX GURUS SERVICES ARE AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TUNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. ERC TAX GURUS DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION, OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH ERC TAX GURUS SERVICES OR AVAILABLE THROUGH OUR SITE. ERC TAX GURUS RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SERVICES. ALTHOUGH WE WILL TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO OUR SERVICES BY IMPLEMENTING APPROPRIATE SECURITY SAFEGUARDS, ERC TAX GURUS DOES NOT GUARANTEE OR WARRANT THAT OUR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. ERC TAX GURUS IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SERVICES AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
Limitation of Liability
ERC Tax Gurus, its affiliates, and employees are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions, or other inaccuracies in our Services (including, without limitation, as a result of breach of any warranty or other term of these Terms of Service).
Despite anything else stated in these Terms, we shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities, or harm to any person or entity relating to the transactions you conduct or attempt to conduct using our Services, or losses, delays, failures, errors, interruptions, or loss of data occurring directly or indirectly by reason of circumstances beyond our control. This includes, without limitation: acts of God; action or inaction of civil or military authority; public enemy; war; terrorism; riot; ire; food; sabotage; epidemics or pandemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or, communications capabilities; insurrection; elements of nature; or non-performance by a third party.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ERC TAX GURUS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100.00, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU
To the fullest extent allowed by applicable law, you agree to indemnify and hold ERC Tax Gurus, our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services, or (b) your violation of these Terms or applicable law. ERC Tax Gurus reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide ERC Tax Gurus with such cooperation as is reasonably requested by us
Governing Law and Forum for Dispute Resolution
These Terms, and your relationship with ERC Tax Gurus under these Terms, shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions.
California Consumer Rights Notice
Under California Civil Code Section 1789.3, California users of a website receive the following specific consumer rights notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210 should you have any concerns with the ERC Tax GurusCalifornia Consumer Rights Notice
Changes to These Terms of Service
ERC Tax Gurus is constantly working to improve its Services, and these Terms may need to be updated. ERC Tax Gurus reserves the right to change these Terms at any time. Updates to these Terms will be made available on the ERC Tax Gurus Site (https://erctaxgurus.com). ERC Tax Gurus may suspend or discontinue any part of the Services, or ERC Tax Gurus may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. ERC Tax Gurus reserves the right to remove any content from the Site or Services at any time, for any reason in our sole discretion, and without notice.
If you do not agree with the new Terms after any changes, please immediately discontinue your use of the Site and Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. ERC Tax Gurus may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Notices. ERC Tax Gurus may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other site-related announcements, by postings on the site or via email.
Limitation on Claims. Any action concerning the site must be brought within one (1) year after the reason for the action arises, or the claim is barred.
ERC Tax Gurus May be Legally Compelled to Disclose Certain Information. You agree that in the event ERC Tax Gurus receives a subpoena issued by a court or from a law enforcement or government agency, ERC Tax Gurus may have to comply with such subpoenas without your consent or prior notice to you and may need to disclose your IP address, name, IP location, or other information in response thereto.
Contact Information. Please send any questions, comments or report any Terms of Service violations to [email protected].