Terms & Conditions
TERMS and CONDITIONS
These Terms and Conditions (“Agreement”) set forth the general terms and conditions of your use of the ercTree.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and ercTree, LLC. (“ercTree, LLC.”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By using this site or agreeing to use our Services, you acknowledge that this Agreement is a contract between you and ercTree, LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
ACCURACY OF INFORMATION
Occasionally there may be information or links to information on the Website that contains typographical errors, inaccuracies or omissions that may relate to Tax Law, service descriptions, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your desire to move forward with one of the quotes provided by the ercTree approved firms). We undertake no obligation to update, amend or clarify information on the Website as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
LINKS TO OTHER RESOURCES
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
PROHIBITED USES
In addition to other terms as set forth in this Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
INTELLECTUAL PROPERTY RIGHTS
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by ercTree, LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with ercTree, LLC. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of ercTree, LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of ercTree, LLC or third-party trademarks.
DISCLAIMER OF WARRANTY
TERMS and CONDITIONS
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that our Services or the Services of our Partners will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any Services purchased from our Partner(s) or obtained through the Website or any transactions entered into, unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through our Service shall create any warranty not expressly made herein.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will ercTree, LLC, its affiliates, approved firms, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of ercTree, LLC and its affiliates, approved firms, directors, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to ercTree, LLC for the prior period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
INDEMNIFICATION
You agree to indemnify and hold ercTree LLC and its affiliates, approved firms, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part. ercTree reserves the right to produce a quote using an ercTree approved firm’s average refund calculation when an approved firm has taken 15 days or longer to produce an ERC Refund Quote. The expectations are 5 to 10 business days to receive all ERC Refund Quotes from the day a customer’s file is submitted to approved firms. Due to ercTrees’ commitment to providing multiple quotes within 5 to 10 business days from submitting a customer’s file to approved firms, the average refund calculation rule is activated to allow the customer to file their ERC Refunds.
SEVERABILITY
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
DISPUTE RESOLUTION
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the State of Wisconsin, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Dane County, Wisconsin, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods & Services does not apply to this Agreement.
ASSIGNMENT
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all its assets or stock or as part of a merger or other change of control.
CHANGES AND AMENDMENTS
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
LEGAL DISCLAIMER
ercTree, LLC and its’ affiliates DO NOT provide any legal or accounting advice and users of this web site should consult with their own lawyer and C.P.A. for legal and accounting advice. This Website is a general service that provides information over the Internet. We are not a law firm and our employees and affiliates are not acting as your attorney. The information contained in the Website is general information and should not be construed as legal advice to be applied to any specific factual situation. If you are unsure whether your particular situation requires that a document be changed, you should consult a lawyer. Any use of the Website DOES NOT create or constitute an attorney-client relationship between ercTree, LLC or any employee of or other person associated with ercTree, LLC, and a user of the Website. As the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, the information or use of documents on the Website is not a substitute for the advice of a lawyer. Any information on the Website is subject to our Terms and Conditions. For the most part, our Terms and Conditions specify that there is no guarantee or warranty and that we are not responsible for any loss, injury, claim, liability, or damage (“damages”) related to your use of the Website, whether from errors or omissions in the content of the Website or any other linked sites and / or any materials shared by us. We are not responsible for any damages from the Website being inaccessible to the user and use of the Website is at your own risk. Refer to our Terms and Conditions regarding details of any exceptions such as our Quality Guarantee. While we have worked to make our Website and all the features on our Website compatible with the most commonly used browsers, we cannot represent or guarantee that every feature will work with your browser. Use of our Website is governed by our Terms and Conditions; refer to this document for more information.
ADDITIONAL TERMS
ACCURACY OF SUBMISSION
We submit your application and all required documentation for ercTree approved Firms to analyze and generate your ERC analysis quote based upon the information provided during the qualifying submission process. You certify that all information you have provided is accurate to the best of your knowledge and agree to hold ercTree, LLC and its affiliates, approved firms, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred as a result of inaccuracies on your ERC filing as a result of inaccurate information provided to us during the qualification submission. ercTree, LLC will keep record of all responses received during the qualification submission, as well as any additional information received after the initial qualification submission.
GUARANTEE
ercTree, LLC is in the business of helping you gather required documentation and introducing you to approved Firms due to our ability to help clients navigate and file for the ERC tax credits available under the CARES act and the additional amended guidelines of the ERC Program. ercTree approved Firms charge reasonable fees for this process. We also provide a complementary discovery process to help determine the qualification for ERC tax credits before engaging in Services. But actual qualification for the ERC Tax Credit and decisions made therein will be made between you and the Tax Firm you end up utilizing and will be governed between you and that firm. ercTree does not charge you for our services and there is no guarantee or legal liability between you and ercTree, LLC.
INFORMATION
All the work that we do requires substantial access to client information that is needed by the approved Firms to provide you a good faith ERC Tax Refund quote. It is the responsibility of the client to provide full and timely information – and it is our responsibility to ask clearly for all such information. We hold all information in total privacy to the client. Only personnel performing the actual services agreed upon have access to client information. We are also willing to return and remove all records of any client information upon request from said client. Client information includes requested documents, records and correspondence between you, ercTree, LLC, and the approved firms ercTree has chosen to work with in order that you can receive quotes or offers you can accept or not with no further obligations.
TAX LAW
In providing our Services, we assist in the gathering of documents and facts so that approved firms can use that information and work with you to provide you quotes, fees, and recommendations. ercTree is not a CPA, Tax, or Law Firm and we do not provide such advice. Any Tax Law or advice can only be provided between you, the approved firm(s), and / or your CPA, Tax, and / or Law Firms.
AUDITS
When a client and ercTree approved Firms come under audit by a taxing authority, unless otherwise specified in our agreement, we are solely willing to provide documentation and reasonable assistance to provide the best information available for you. While we cannot guarantee or be held responsible for the results of any audit, we will provide a sincere willingness to work directly with the you and the ercTree approved firm through the process to help achieve favorable results. When planning is done in this way, it is our experience that audits are fair. We do not issue tax opinion or shelters – all our work with you is to help facilitate a superior customer experience with ercTree approved Firms. Audit protection, legal liability, and any other terms, conditions, and / or guarantees associated with the ERC Tax Credit filing are covered in the contract between you and the approved firm of your choice and ercTree is not a party to that contract.
TAX REFUNDS
All money received via refund from a taxing authority is between you and the IRS and is specifically outside of our control in terms of timing of payments. Approved ercTree Firms will take all best efforts to ensure all required documentation is in good order so as not to slow any payment or refund processes. ercTree has no ability to manage or control Tax Refunds in any way.
ERC CREDIT ADDITIONAL DETAILS
The ercTree Website provides published articles and links to help educate you on the Employee Retention Credit. Although it is our intention to provide accurate and timely updates, we can not guarantee the accuracy of the information in those articles or links and you agree to confirm details of the law with your chosen firm and / or your own tax or legal advisor.
CONTACTING US
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@ercTree.com or via your affiliate directly.
This document was last updated on August 8, 2023.