Terms and Conditions

Welcome to ERCMaxCredit.com (the "Website"). These terms and conditions ("Terms") govern your access to and use of the Website, as well as any services provided by ERCMaxCredit LLC ("ERCMaxCredit," "we," or "us"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, please refrain from using the Website.

1. Services Provided

1.1

ERCMaxCredit, through its qualified subcontractors, will facilitate comprehensive services to assist your business in maximizing the Employee Retention Tax Credit (ERTC) under the guidance of qualified lawyers or certified public accountants (CPAs). The services provided include:

a) Evaluation and Qualification Assessment:

Our subcontracted lawyers or CPAs will conduct a thorough evaluation of your business to determine its eligibility for the ERTC. This assessment will involve a review of relevant financial, payroll, and tax documents.

b) Tax Legal Advice:

Our subcontracted qualified lawyers will provide expert tax legal advice tailored to your specific circumstances. They will analyze the applicable laws, regulations, and guidelines to develop strategies that optimize your eligibility for the ERTC.

c) Claim Preparation and Filing:

Our subcontracted lawyers or CPAs will prepare and file the necessary tax forms, such as Form 941X, on your behalf to claim the ERTC. This includes compiling the required documentation, accurately calculating the credit amount, and ensuring compliance with IRS guidelines.

d) Representation before the IRS:

In the event of an IRS audit or inquiry related to the filed Form 941X(s), our subcontracted qualified lawyers will represent you before the Internal Revenue Service. They will handle all communications, respond to inquiries, and provide the necessary documentation to support your ERTC claim.

1.2 - Subcontracting

ERCMaxCredit may, at its discretion, subcontract the services provided under these Terms to qualified lawyers or certified public accountants (CPAs). These subcontractors may assist in providing expert advice, qualification assessments, claim preparation, and filing services on behalf of ERCMaxCredit. The subcontractors shall be bound by confidentiality obligations and maintain the same level of professionalism and expertise as ERCMaxCredit.

1.3 - Disclaimer

Please note that ERCMaxCredit's services are not a substitute for professional legal or tax advice. While we strive to provide accurate and up-to-date information, any guidance or recommendations provided on the Website are for informational purposes only. You should consult with your own legal or tax advisors for specific advice tailored to your circumstances.

2. Engagement and Fees

2.1 - Engagement of Subcontractors

You acknowledge and agree that ERCMaxCredit may engage subcontractors, including qualified lawyers or CPAs, to assist in providing the services outlined in these Terms. The engagement of subcontractors is for the sole purpose of supporting ERCMaxCredit in delivering the services and does not create any attorney-client or CPA-client relationship between you and the subcontractor. ERCMaxCredit shall remain responsible for the performance and quality of the subcontractors' work and ensure their compliance with the terms and obligations set forth in these Terms.

2.2 - Subcontracting

The fees associated with the services provided by ERCMaxCredit, including any subcontracting arrangements, will be communicated to you in a separate agreement or engagement letter. You shall be responsible for the fees as outlined in the agreement, unless otherwise specified.

3. Dispute Resolution

Any dispute arising from or relating to these Terms or the services provided by ERCMaxCredit shall be resolved through mediation or, if necessary, binding arbitration, as described below:

3.1 - Mediation

If a dispute arises, the parties agree to first attempt to resolve the dispute through mediation. Mediation will be conducted in accordance with the rules of California Law and will take place in Riverside County, California. Each party will bear its own costs, and the parties will share the cost of the professional mediator equally.

3.2 - Binding Arbitration

If mediation does not resolve the dispute, it shall be submitted to binding arbitration. Arbitration will proceed in accordance with the rules of California Law and will take place in Riverside County, California. The arbitration award shall be final and binding on the parties. Each party will bear its own costs, and the parties will share the cost of the professional arbitrator equally.

3.3 - Injunctive Relief

Notwithstanding the above, ERCMaxCredit reserves the right to seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.


4. Limitation of Liability

4.1

ERCMaxCredit is a team of experienced business consultants. While we strive to provide accurate and reliable information, please note that we are not attorneys or certified public accountants (CPAs). Our services are intended to offer general guidance and assistance related to the Employee Retention Tax Credit (ERTC). We do not provide legal or tax advice. You should consult with your own legal counsel or tax professionals for specific advice tailored to your circumstances.

4.2

To the maximum extent permitted by law, ERCMaxCredit, including its officers, directors, employees, and subcontractors, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the use of our services or the Website.

5. Indemnification

You agree to indemnify, defend, and hold harmless ERCMaxCredit, its officers, directors, employees, subcontractors, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the Website or services, violation of these Terms, or infringement of any third-party rights.

6. Intellectual Property

6.1

All content, materials, trademarks, logos, and intellectual property displayed on the Website are the property of ERCMaxCredit or its licensors and are protected by applicable intellectual property laws. You may not use, modify, reproduce, distribute, or transmit any content from the Website without prior written consent from ERCMaxCredit.

6.2

By submitting any content, feedback, or suggestions to ERCMaxCredit, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

7. Confidentiality

The User acknowledges that the Terms and Conditions of ERCMaxCredit's website ("Website") contain confidential and proprietary information, including but not limited to business strategies, intellectual property, and trade secrets ("Confidential Information").The User agrees to maintain the confidentiality of all Confidential Information contained in the Terms and Conditions and not to disclose, distribute, or use the Confidential Information for any purpose other than their personal use of the Website.The User shall exercise reasonable care to prevent unauthorized access or disclosure of the Confidential Information. They shall not reproduce, modify, or create derivative works based on the Confidential Information without the prior written consent of ERCMaxCredit.This confidentiality obligation shall survive the termination of the User's access to the Website and shall remain in effect indefinitely.

8. Disclaimer of Warranties

8.1

The User acknowledges and agrees that the information, content, and materials provided on the Website are for informational purposes only and do not constitute professional advice.

8.2

ERCMaxCredit does not warrant or represent the accuracy, completeness, reliability, or usefulness of any information, content, or materials on the Website. The User acknowledges that they rely on such information at their own risk.

8.3

ERCMaxCredit disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The User agrees that their use of the Website is at their own discretion and risk.

8.4

ERCMaxCredit does not guarantee the availability, accessibility, or uninterrupted operation of the Website. The User acknowledges that the Website may be subject to limitations, delays, and other issues beyond ERCMaxCredit's control.

9. User Responsibilities

9.1

The User agrees to use the Website in compliance with these Terms and Conditions and all applicable laws and regulations.

9.2

The User shall not engage in any activities that may interfere with or disrupt the operation of the Website or infringe upon the rights of ERCMaxCredit or any third party.

9.3

The User acknowledges that they are solely responsible for any content they submit, post, or transmit on the Website and for the consequences of such actions. They agree not to submit any content that is unlawful, offensive, defamatory, or infringing upon the rights of others.

9.4

The User agrees not to use the Website for any unauthorized or unlawful purposes, including but not limited to unauthorized access, data mining, or spamming.

9.5

The User acknowledges that ERCMaxCredit may monitor and collect information related to their use of the Website for the purpose of improving the user experience and ensuring compliance with these Terms and Conditions and applicable laws.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the state of California, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the use of the Website shall be exclusively brought in the state or federal courts located in Riverside County, California.

11. Termination

ERCMaxCredit reserves the right, in its sole discretion, to terminate or suspend your access to the Website and services, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

12. Contact Information

If you have any questions or concerns regarding these Terms or the services provided by ERCMaxCredit, please contact us at contact@ercmaxcredit.com

13. Termination

ERCMaxCredit reserves the right, in its sole discretion, to terminate or suspend your access to the Website and services, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely achieves the original intent of the invalid provision.

15. Survival

Any provisions of these Terms that, by their nature, should survive termination shall survive termination, including but not limited to provisions related to intellectual property rights, limitation of liability, and dispute resolution.

16. Modifications

ERCMaxCredit reserves the right to modify or amend these Terms at any time, in its sole discretion. Any changes to these Terms will be effective immediately upon posting on the Website. It is your responsibility to review these Terms periodically for any updates or changes.

17. Waiver

The failure of ERCMaxCredit to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless expressly stated in writing. Any waiver of a particular term or condition will not be deemed a waiver of any other term or condition.

18. Assignment

You may not assign or transfer any rights or obligations under these Terms without the prior written consent of ERCMaxCredit. ERCMaxCredit may freely assign or transfer its rights and obligations under these Terms without restriction.

19. California Residents

If you are a California resident, you expressly waive the rights granted to you under California Civil Code Section 1542, which states: "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.

20. Electronic Communications

By using the Website and agreeing to these Terms, you consent to receive communications from ERCMaxCredit electronically, including but not limited to emails and notifications. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

21. Effective Date

These Terms are effective as of the date when you access or use the Website. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree with these Terms, please refrain from using the Website.

Please also review our Privacy Policy, which governs the collection, use, and disclosure of personal information and can be found at https://www.ercmaxcredit.com/privacy.

By continuing to use the Website and engaging our services, you acknowledge that you have read, understood, and agreed to these Terms and our Privacy Policy.

Thank you for reading and agreeing to these Terms and Conditions. We look forward to serving you and assisting with your business needs.

ERCMaxCredit LLC

Website: https://www.ercmaxcredit.com

Email: contact@ercmaxcredit.com