- Eligibility to Use Innovation Refund’s Services
- Data Privacy
- Description of Services
- Your Use of the Services and Your Representations and Certifications
- Electronic Notifications
- Assumption of Risk
- Intellectual Property
- Third Party Services and Websites
- Suspension or Termination of Use
- Disclaimer of Warranty
- Limitation of Liability
- Governing Law and Forum for Dispute Resolution
- California Consumer Rights Notice
- Changes to These Terms of Service
- Miscellaneous Terms
The following Terms and Conditions govern your use of our Site and Services, including, but not limited to, our web interface located at https://erc-advisor.com/ (“Site”) (collectively, the “Services”).
These Terms and Conditions (the “Terms”) are a binding contract between your Company and ERC Advisor Group, LLC (“ERC Advisor Group”). As used in these Terms, “we”, “us”, or “our” also refers to ERC Advisor Group.
You acknowledge and agree that these Terms are the complete and exclusive statement of the mutual understanding between you and ERC Advisor Group, 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 Advisor Group, and you do not have any authority of any kind to bind ERC Advisor Group 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 Advisor Group is a consulting firm. ERC Advisor Group 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 Advisor Group will answer any questions and provide backup data for any inquiry.
Eligibility to Use ERC Advisor Group’ Services
To access or use ERC Advisor Group’ Services, you must be able to form a legally binding contract with ERC Advisor Group. You therefore represent and warrant that you are of legal age to form a binding contract. If you accept 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.
Ages 18 and Over Only. The Site is intended for those ages 18 and over. If you are under 18 years of age, please do not use ERC Advisor Group’ Services.
You will only use the Services for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.
If your use of the Services is prohibited by 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 Advisor Group is not responsible for your using the Services in a way that breaks any law or regulation.
Description of Services
The Services consist of a web-hosted user interface for the Services. You understand that interacting with any of these systems or code that support the Services is ultimately your own decision, and ERC Advisor Group has no control or responsibility for the results of your transactions with Services.
ERC Advisor Group will perform the following in order to evaluate, analyze, and procure your eligible incentives:
- Determine company qualification for specialized incentive programs;
- Collect documentation in order to determine company utilization of incentives; and
- Establish total fee to procure benefit(s).
Your Use of the Services and Your Representations and Certifications
Your Company agrees to provide the necessary documentation for the Credit Projection Report.
Based on information provided in this qualification form along with your Company tax returns, once analyzed, ERC Advisor Group will contact your Company with a conservative estimate of credits that ERC Advisor Group’ projects will be available to you in the form of repayment of overpaid taxes from a federal and/or state tax authority.
If you wish to contract ERC Advisor Group to proceed, a consulting agreement and CPA engagement letter will be offered with further details, fees, and expectations. ERC Advisor Group does not accept any project unless it determines your Company qualifies for the refunds.
All the documentation is prepared so that your Company can apply the credits to past or current tax liability. Credits arrive in the form of a refund check. The credits may also be carried forward to offset tax liability in the future. If any credit we calculated is denied for any reason, ERC Advisor Group will refund that portion of its fee.
You certify that you have the required authority to sign and submit this questionnaire on behalf of the Applicant.
You certify that the information provided in this questionnaire and in all supporting documentation true and correct in all material respects. You make this certification after reasonable inquiry people, systems, and other information available to the Applicant.
As the Authorized Representative on behalf of the Applicant, You recognize and agree to hold harmless ERC Advisor Group, its employees and officers, 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.
Your access and use of the 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 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 promise that it will be available at all times.
Restrictions and Requirements for Our Service
You represent, warrant, and agree that you will not contribute any content or otherwise use the website or interact with the website in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including ERC Advisor Group)
- Violates any law or regulation or these Terms;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of ERC Advisor Group;
- 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) or that would bypass the navigational structure or presentation of the Services;
- “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.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services to the extent possible.
Assumption of Risk
By using our Services, you acknowledge and accept that there are substantial risks associated with using Sites and Services provided on the Internet. 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;
- 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; and
- Accept networking technology generally. You further assume and agree that we will have no responsibility or liability for, such risks. You hereby irrevocably waive, release, and discharge any and all claims, whether known or unknown to you, against us, 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.
Your Company may disclose or make available to ERC Advisor Group information about its business affairs, products/services, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, in electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” (collectively, “Confidential Information”). Confidential Information shall not include information that, at the time of disclosure: (i) is or becomes generally available to and known by the public other than as a result of, directly or indirectly, any breach of this Confidentiality provisions byERC Advisor Group or any of its Representatives; (ii) is or becomes available to ERC Advisor Group on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was known by or in the possession of ERC Advisor Group before being disclosed by or on behalf of the your Company; (iv) was or is independently developed by ERC Advisor Group without reference to or use, in whole or in part, of any of your Company’s Confidential Information; or (v) is required to be disclosed under applicable federal, state or local law, regulation, or a valid order issued by a court or governmental agency of competent jurisdiction.
In order for ERC Advisor Group and its subcontractors to conduct their review and determination of qualification for various State and Federal tax credits, certain information will be made available to ERC Advisor Group, its field consultants and subcontractors, which may include Payroll Tax Returns, State and Federal Income Tax Returns and other supplementary information. As your Company has agreed to furnish these confidential records, ERC Advisor Group and its agents, agree to hold confidential or proprietary information in trust and confidence and agrees that it shall be used only for the contemplated purposes necessary. Should a Consulting Agreement be signed by the two parties, ERC Advisor Group will make third-party disclosures to the State Taxing Authority and/ or Internal Revenue Service for the purpose of securing tax credits and/or refunds for the Client. This confidential information will not be shared or disclosed to any other third party, except the employees/associates of who have a need to know.
These Terms and Conditions will also govern all communications between the parties, including fax and email. Client gives referring field consultant permission, as a conduit to ERC Advisor Group and subcontractors of ERC Advisor Group, to receive and deliver the completed documents.
Your right to access and use of the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our website for lawful purposes. Subject to your compliance with these Terms, ERC Advisor Group hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the content provided to you as part of the website (for personal, non-commercial purposes).
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including ERC Advisor Group’) rights.
You understand that, except with respect to any open source software or third-party software that the Services incorporate, ERC Advisor Group 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 Advisor Group.
ERC Advisor Group 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 Advisor Group Content”) are the property of ERC Advisor Group 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 Advisor Group 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 Advisor Group Content, for your use and to engage as expressly permitted by the features of the Service. ERC Advisor Group may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, ERC Advisor Group 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 Advisor Group 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 Advisor Group has no control over, and assume 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 Advisor Group 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 Advisor Group 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 Advisor Group is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release ERC Advisor Group, 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 Advisor Group may terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Terms. ERC Advisor Group 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 Advisor Group 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 Advisor Group, in its sole discretion, believes to be in the interest of our ERC Advisor Group and of our users as a whole.
Disclaimer of Warranty
Your Use of the Services is Subject to Certain Disclaimers.
ERC-ADVISOR GROUP SERVICES ARE AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. ERC-ADVISOR GROUP 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-ADVISOR GROUP SERVICES OR AVAILABLE THROUGH OUR SITE. ERC-ADVISOR GROUP 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-ADVISOR GROUP DOES NOT GUARANTEE OR WARRANT THAT OUR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. ERC-ADVISOR GROUP 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-Advisor Group, 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-ADVISOR GROUP 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 – Advisor Group, 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 – Advisor Group 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 – Advisor Group with such cooperation as is reasonably requested by us.
Governing Law and Forum for Dispute Resolution
These Terms, and your relationship with ERC – Advisor Group 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 – Advisor Group Services.
Changes to These Terms of Service
ERC – Advisor Group is constantly working to improve its Services, and these Terms may need to be updated. ERC – Advisor Group reserves the right to change these Terms at any time. Updates to these Terms will be made available on the ERC – Advisor Group Site (https://innovationrefunds.com) may suspend or discontinue any part of the Services, or ERC – Advisor Group may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. ERC – Advisor Group reserve 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 uses 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 – Advisor Group may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Notices. ERC – Advisor Group 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 – Advisor Group May be Legally Compelled to Disclose Certain Information. You agree that in the event ERC – Advisor Group receives a subpoena issued by a court or from a law enforcement or government agency, ERC – Advisor Group 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@example.com