Privacy Policy

ERC REPAIR LLC WEBSITE TERMS & CONDITIONS

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the ercrepair.com website (“Website” or “Service”) and any of its related products and services, including updates and new releases (collectively “Services”). Thank you for selecting the Services offered by ERC REPAIR LLC. and/or its subsidiaries and affiliates (referred to as "ERC Repair" or "us"). Review this Agreement thoroughly. This Agreement is a legal binding agreement between you and ERC Repair. 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. You acknowledge that this Agreement is a contract between you and ERC Repair, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

A. GENERAL TERMS

1. AGREEMENT

This Agreement describes the terms governing your use of the Website and the Services. It includes by reference: • ERC Repair's Privacy Policy available on the Website or provided to you otherwise. • Additional Terms and Conditions, which may include those from third parties. • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

2. YOUR RIGHTS TO USE THE SERVICES

2.1 The Website and the Services are protected by copyright, trade secret, trademark and other intellectual property laws. You are only granted the right to use the Website and Services and only for the purposes described by ERC Repair. ERC Repair reserves all other rights in the Website and the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, ERC Repair grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Website and the Services. 2.2 You agree not to use, nor permit any third party to use, the Website and the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not: • Provide access to or give any part of the Services to any third party. • Reproduce, modify, copy, deconstruct, sell, trade or resell the Website or the Services. • Make the Services available on any file-sharing or application hosting service.

3. PAYMENT

Payment terms for use of the Services shall be set forth in an ERC Repair Services Agreement to be entered into between you and ERC Repair. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered as a free analysis, payment may be required after the free analysis is provided, and not when you enter your billing details (which may be required prior to providing the free analysis). If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel any order.

4. ACCURACY OF INFORMATION

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. ERC Repair reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). ERC Repair undertakes no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except 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.

5. USE WITH YOUR MOBILE DEVICE

Use of the Website or Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. ERC REPAIR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: i. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE WEBSITE OR SERVICES AT ANY TIME OR FROM ANY LOCATION; ii. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND iii. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

6. YOUR PERSONAL INFORMATION

You can view ERC Repair's Privacy Policy provided with the Services and on the Website. You agree to the applicable ERC Repair Privacy Policy, and any changes published by ERC Repair. You agree that ERC Repair may use and maintain your data according to the ERC Repair Privacy Policy, as part of the Services. You give ERC Repair permission to combine information you enter or upload for the Services with that of other users of the Services and/or other ERC Repair services. For example, this means that ERC Repair may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users.

7. CONTENT

7.1 You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Website and the Services. You grant ERC Repair a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Website and the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. ERC Repair is not responsible for the Content or data you submit through the Website and the Services. You agree not to use, nor permit any third party to use, the Website or Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to: a. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law; b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy; c. Except as permitted by ERC Repair in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding; d. Virus, trojan horse, worm or other disruptive or harmful software or data; and e. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owners. 7.2 ERC Repair may freely use feedback you provide. You agree that ERC Repair may use your feedback, suggestions, or ideas in any way, including in future modifications of the Website or Services, other products or services, advertising or marketing materials. You grant ERC Repair a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to ERC Repair in any way. 7.3 ERC Repair may monitor your Content. ERC Repair may, but has no obligation to, monitor content on the Website and the Services. ERC Repair may disclose any information necessary to satisfy ERC Repair’s legal obligations, protect ERC Repair or its customers, or operate the Website and Services properly. ERC Repair, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

8. ADDITIONAL TERMS

8.1 ERC Repair may tell you about other ERC Repair services. You may be offered other services, products, or promotions by ERC Repair ("Additional Services"). Additional terms and conditions and fees may apply. With some Additional Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant ERC Repair permission to use information about your business and experience to help us to provide the Additional Services to you and to enhance the Services. You grant ERC Repair permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant ERC Repair permission to share or publish summary results relating to research data and to distribute or license such data to third parties. 8.2 Communications. ERC Repair may be required by law to send you communications about the Services or Third Party Products. You agree that ERC Repair may send these communications to you via email or by posting them on ERC Repair’s websites 8.3 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact ERC Repair if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates. 8.4 Telephone Numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that ERC Repair may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve ERC Repair sending text messages containing security codes to your telephone number. You agree to receive these texts from ERC Repair containing security codes as part of the MFA process. 8.5 Other Uses of Your Telephone Number. By providing your telephone number to ERC Repair, you expressly consent and agree that ERC Repair may contact you at the telephone number you provide for any purpose related to the Website or the Services by the following means: text message, automated text messages, automated phone, predictive phone, automatic telephone dialing systems and pre-recorded voice messages. Further, by providing your telephone number to ERC Repair, you waive any and all rights to claim that the communications described in this Section 8.5 violate the Telephone Consumer Protection Act, the regulations promulgated thereunder, and any subsequent, similar or related federal, state or local law, rule or regulation regarding telecommunications. 8.6 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.

9. FREE EVALUATION

The Website and Services include an opportunity for you to submit information to ERC Repair for a free initial evaluation related to filings you may have made to the Internal Revenue Service for Employee Retention Tax Credits (“ERTCs”). ERC Repair offers such free initial evaluation subject to the following terms and conditions: - ERC Repair is relying solely on the information provided by you, ERC Repair has no obligation to verify the information provided by you and will take no action to verify such information - ERC Repair providing you with a free evaluation creates no obligation on the part of ERC Repair to provide any further or future services to you, ERC Repair does not provide professional legal or accounting services and the provision of a free evaluation does not create a binding relationship of any form between ERC Repair and you, and does not create any obligation whatsoever for ERC Repair to provide you with any form of representation. - If you desire for ERC Repair to provide you with services in addition to or beyond an initial free evaluation, you will be required to enter into a services agreement with ERC Repair and to pay ERC Repair any fees, costs, expenses or other amounts set forth in such agreement. - ERC Repair makes no warranty with respect to the accuracy or completeness of the free initial evaluation. ERC Repair is relying solely on the information provided to ERC Repair by you. You acknowledge that your business may not be eligible for any ERTCs, the relevant provisions of the Internal Revenue Code or IRS guidance related to ERTCs may be amended or repealed, and/or you may be eligible or potentially eligible for ERTCs in addition to those identified by ERC Repair which ERC Repair does not identify for any reason whatsoever. - By using the Website and the Services, including the free initial evaluation, you hereby release and agree to indemnify, defend and hold harmless ERC Repair from any and all potential claims, causes of action, losses and liabilities related to or arising from the free initial evaluation, ERC Repair not identifying any ERTCs for which you may be eligible or potentially eligible, or ERC Repair not identifying any issues or potential issues with your previous filings for ERTCs.

10. DISCLAIMER OF WARRANTIES

10.1 YOUR USE OF THE WEBSITE, SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE WEBSITE AND THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ERC REPAIR, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE WEBSITE OR SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. ERC REPAIR AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE WEBSITE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. 10.2 ERC REPAIR, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE WEBSITE OR SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

11. LIMITATION OF LIABILITY AND INDEMNITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ERC REPAIR, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, ERC REPAIR, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ERC REPAIR SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF ERC REPAIR AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF ERC REPAIR, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE WEBSITE, THE SERVICES AND THEIR USE.

12. INDEMNIFICATION

You agree to indemnify and hold ERC Repair and its affiliates, 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 breach of this Agreement, your Content, your use of the Website and Services or any willful misconduct on your part (collectively referred to as "Claims"). ERC Repair reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by ERC Repair in the defense of any Claims.

13. CHANGES

ERC Repair reserve the right to amend, modify or change this Agreement at any time, and the changes will be effective when posted on the Website or when ERC Repair notifies you by other means. ERC Repair may also change or discontinue the Services, in whole or in part. Your continued use of the Website or the Services indicates your consent and agreement to the changes.

14. TERMINATION

ERC Repair may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of ERC Repair’s Services or systems and comply with applicable ERC Repair policies, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect ERC Repair's rights to any payments due to it. Sections 2.2, 3 through 17 will survive and remain in effect even if the Agreement is terminated.

15. EXPORT RESTRICTIONS

You acknowledge that the Website and the Services, including the mobile application, delivered by ERC Repair are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws, directly or indirectly.

16. GOVERNING LAW

New York state law governs this Agreement without regard to its conflicts of laws provisions.

17. DISPUTES

ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS STREAMLINED ARBITRATION RULES, RATHER THAN IN COURT, AND SUCH ARBITRATION SHALL BE VENUED IN THE COUNTY OF ONEIDA, STATE OF NEW YORK. The arbitrator may grant injunctions and other equitable relief in such disputes. The arbitrator must apply and follow New York law and must faithfully interpret and apply the terms of this Agreement. The arbitrator shall have no power to alter or modify any provision of this Agreement, nor make any award which by its terms effects any such alteration or modification. The award of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration, except to the extent the arbitrator fails to abide by the terms of this Agreement, in which case any Party may seek relief in a Federal or state court in the County of Oneida, State of New York, and a final judgment may be entered upon the award in any court of competent jurisdiction. The parties to the arbitration shall each promptly pay an equal share of the costs and expenses of such arbitration, and each party shall separately pay for its respective counsel fees and expenses; provided however, that the arbitrator must award reasonable attorneys’ fees and costs, including the fees and costs of AAA and the arbitrator, to the prevailing party. YOU AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND ERC REPAIR ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

18. GENERAL

This Agreement, including the Additional Terms below, is the entire agreement between you and ERC Repair and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of ERC Repair. However, ERC Repair may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by ERC Repair or (c) a successor by merger. Any assignment in violation of this Section shall be void.

19. LEGAL DISCLAIMERS

ERC Repair DOES NOT provide legal, financial, accounting, tax or other professional services or advice. Consult the services of a competent professional when you need professional services or advice. The Website is a general service that provides legal information over the Internet. ERC Repair is not a law firm or accounting firm, and ERC Repair’s employees are not acting as your attorney or your accountant. The information contained in the Website is general legal, tax and accounting information and should not be construed as professional 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 or accountant. Any use of the Website DOES NOT create or constitute a attorney-client relationship between ERC Repair or any employee of or other person associated with ERC Repair 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 or accountant. While ERC Repair has worked to make the Website and all the features on the Website compatible with the most commonly used browsers, ERC Repair cannot represent or guarantee that every feature will work with your browser.

20. CONTACTING ERC REPAIR

If you would like to contact ERC Repair concerning this Agreement or any matter relating to it, you may send an email to: [email protected].