WEBSITE TERMS AND CONDITIONS

Last Modified: August, 2022

ERC BUILDER LLC

TERMS AND CONDITIONS

  1. Legal AgreementPlease read these terms and conditions (“Agreement”) carefully.  Your registration at ercbuilder.com.com (“Website”) for services and information (the “Services,” as more fully described below) offered by ERC Builder LLC (“ERC Builder LLC”), or any of its subsidiaries, and your acceptance of this Agreement by 1) clicking the “I accept” box on the registration page of the Website, 2) submitting any form found on any pages associated with Website, and/or 3) use of Website creates a binding, legal agreement between ERC Builder LLC and you (“you” or “your”). Such registration and acceptance date shall become the effective date of this Agreement (“Effective Date”).  This Agreement governs your use of the Services and the Website. If you choose to accept this Agreement, you must do so as written, without modification. If you do not accept these terms, you will not be allowed to receive the Services.  By using the Website, you accept the terms and conditions described in this Agreement.  You warrant and represent that you are at least 18 years of age and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer.  This Agreement incorporates the terms of ERC Builder LLC’s Privacy Policy.  ERC Builder LLC and you are individually, a “party” and collectively, the “parties.”
  1. Registration.By registering, you agree to provide the information requested on the registration page of the Website completely and accurately, and to update your information.  You are responsible for keeping your information current.  You are responsible for selecting and keeping your username and password confidential. You may not share or disclose your user name and password to anyone other than ERC Builder LLC.  You understand that you are responsible for all uses of the Website through your user name and password.    You must notify ERC Builder LLC immediately if you know of or suspect unauthorized use of your user name and password for this Website.
  1. ServicesERC Builder LLC provides business planning, modeling and other predictive financial tools relative to small business to users of the Website (“Service”). The Service routinely maintains and updates personally identifying information which may include business and/or personal credit card accounts, bank accounts, other financial accounts, address information, telephone information, and email information. Further, the Service may require you to submit confidential information pertaining to your business including, without limitation, cash flow, balance sheets, budgets, and other reasonable confidential information as requested by ERC Builder LLC(“Customer Information”).  ERC Builder LLC will provide the Service in accordance with its then-current pricing, as set forth on the Website.  The Service is a tool to assist you in developing your business plan and other business planning tools; however, ERC Builder LLC makes no guarantees that your business plan will be successful.

ERC Builder LLC does not provide any materials with the intent that they will be used for the purpose of selling or offering for sale securities or raising money in any other way. None of ERC Builder LLC’s materials are or shall be construed as a “private placement memorandum” or any other type of risk disclosure document. The use of any materials for such purpose is a material breach of these terms and conditions. ERC Builder LLC services are intended only as business-planning tools, and any other use of them is strictly prohibited.          

  1. Updates. ERC BUILDER LLC RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME.  YOU ARE RESPONSIBLE FOR MONITORING SUCH SITES.  ERC Builder LLC may, but is not obligated to, offer upgrades, updates, and improvements to the Website and Services, and to add or discontinue any Services.

 

  1. Limited LicenseERC Builder LLC hereby grants to you during the Term (as defined below) of this Agreement a non-exclusive, non-assignable, non-transferable, non-sublicensable, limited license (“License”) to use the Website and the Services for your business planning purposes (“Purpose”). You shall display all notices for trademarks, service marks, trade dress, patents, patents pending, and other intellectual property (the “Intellectual Property”) that we require.  You shall not copy or reverse engineer, in whole in or part, ERC Builder LLC’s Website, Services, or Intellectual Property.  Except as expressly stated in this Agreement, ERC Builder LLC does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by ERC Builder LLC to you under this Agreement are expressly reserved to ERC Builder LLC.  To the extent you upload content in connection with the Service, including any and all communications that you make with ERC Builder LLC through the Service, you grant ERC Builder LLC a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, transferable license, to copy, distribute, display publicly, make available to the public, adapt, sub-license, process and translate such content, combine such content with or incorporate such content into other content and modify and create derivative works of such content; in each case in connection with ERC Builder LLC’s operation of the Website and/or Service, and in ERC Builder LLC’s other media platforms, applications and services, and those of its affiliated entities. You further waive and forever disclaim all rights of attribution with respect to the use of your content.
  1. Prohibited Uses.ERC Builder LLC may temporarily or permanently deny, limit, suspend, or terminate the Service, remove content and take technical and legal measures to keep you off the Service at any time and for any reason.  You agree to the following prohibited uses:

(a)       You shall not use the Services to harass, embarrass, or threaten any person.

(b)       You shall not copy, publish, distribute, rent, or resell the Services, in whole or in part.

(c)        You understand and agree that we monitor usage on the Website and the Services and that we may share your use of the Website and Services with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Website and Services is for an unlawful purpose.  We may also share your use of the Website and Services as required by law, a court order, a subpoena, or as ERC Builder LLC determines is necessary or advisable to protect its interests.

(d)       You shall not use the Services as the basis for making decisions to consumers or businesses concerning loans, credit, insurance, employment, leasing, or other decisions.  The Services are not to be relied upon by any person, including you, for any purpose. You are solely responsible for all decisions you make in any way utilizing the information generated as a result of using these service.

  1. Other WebsitesThe Website may contain links other websites. ERC Builder LLC may or may not own, operate or monitor these websites, their services or content.  The information and content posted on other websites may not be compatible with your requirements, you may object to their content, or find such content to be objectionable, improper, unlawful or immoral. By linking to another website, ERC Builder LLC does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality.  ERC Builder LLC assumes no responsibility or liability for any third party services or contents, or their availability.  The Service and/or the Website may include paid advertisements, sponsored links and commercial information (“Advertisements”). By clicking the Advertisements you may be transferred to a service of an advertiser or receive any other messages, information or offers from the advertiser and from others. ERC Builder LLC is not responsible for any of the Advertisers’ practices, including their privacy practices, or for the content of their services, information, messages or offers.

 

  1. PaymentERC Builder LLC shall require you to make payments in immediately available United States dollars by the options available on the Website.  All sales on the Website are final.  ERC Builder LLC will not issue refunds or credits for purchases on the Website.  ERC Builder LLC assumes no responsibility for delays in credit or debit card processing or any other form of payment.  You warrant and represent that your use of any credit, debit, or other permitted form of payment is authorized by the holder of such form of payment. No refunds will be issued for custom funding plans unless client does not reach minimum guarantee as follows: $15k minimum for $1,497 custom funding plan, $20k minimum for a $1,997 custom funding plan and $25k minimum for a $2,497 custom funding plan . For refunds, client must apply at all recommended lenders and provide proof of denial from each lender.
  1. Taxes.You are responsible for paying all applicable taxes in connection with your purchase of the Services.
  1. Term and Termination. The term of this Agreement shall begin on the Effective Date and continue until terminated as expressly provided in this Agreement (the “Term”).   You may terminate this Agreement at any time by delivering an e-mail toinfo@fundwisecapital.com or by calling ERC Builder LLC’s Customer Service Center at the telephone number listed on the Website. ERC Builder LLC may immediately terminate this Agreement as required by law or due to your breach of any provision of this Agreement in ERC Builder LLC’s determination. Termination will become effective immediately.  Upon termination, all license rights granted herein shall immediately terminate, and you will not be allowed to use the Website or purchase Services.  You shall be permitted to use the Services you purchased before termination, provided that your continued use will be subject to the terms of this Agreement.  The following provisions of this Agreement shall survive termination or expiration of this Agreement for any reason:  456, and 10– 18.
  1. Independent PartiesNothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between ERC Builder LLC and you.

 

  1. Indemnification. You shall defend, indemnify, and hold harmless ERC Builder LLC and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, consultants, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including attorneys’ fees and court costs) arising out of your (a) unauthorized use of the Website or Services,  or (b) breach of this Agreement.
  1. Disclaimer of Warranty. ERC BUILDER LLC: (A) PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and any warranty against NON-infringement of any INTELLECTUAL PROPERTY RIGHT of any third party. ERC Builder LLCDOES NOT WARRANT THAT ANY OF THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THEIR CONTENT OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, retention, deletion, disclosure or any other use or loss of your content on the service or website, SERVICE LEVELS, DOWNLOAD SPEED, AND WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY), OR THAT DEFECTS THEREIN SHALL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. Limitations of Liability.ERC BUILDER LLCSHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  ERC BUILDER LLC’S TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM, UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ERC BUILDER LLCIN THE MONTH IN WHICH A CLAIM GIVING RISE TO LIABILITY HEREUNDER OCCURS.  THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  1. Compliance with Applicable Law. You shall comply with all applicable international, federal, state, and local laws, rules, and regulations in your use of this Website and the Services.
  1. Notice.All notices provided for herein shall be effected either by recognized international express courier, postage pre-paid, or by First Class United States Mail, postage pre-paid, to the address listed on the Website in our case, and to the address you listed in you registration page in your case.  Notice shall be deemed received two days following tender to such courier and three days following posting by Mail.
  1. Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to any applicable conflicts or choice of law provisions.  You hereby agree to waive any right you may have to participate in any class, group, or representative action or proceeding, and further hereby agree to waive any right you may have to a trial by jury.  In ERC Builder LLC’s discretion, the parties hereto irrevocably consent to the exclusive jurisdiction and venue of (a) the federal and state courts of competent jurisdiction located in Salt Lake City, Utah, and the parties hereby waive any objection that venue in such courts is inconvenient, or (b) binding arbitration in Salt Lake City, Utah, under the Commercial Rules of the American Arbitration Association, and the parties hereby waive any objection that venue in such city is inconvenient.   Neither the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) nor the Uniform Computer Information Transactions Act (“UCITA”) shall apply. In any action at law or in equity or arbitration to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to collect from the non-prevailing party, in addition to any damages and injunctive relief, whether at law or in equity, all reasonable costs, fees, and expenses, including, without limitation, attorneys’ fees, costs, and expenses, expert witness fees, deposition transcript fees, postage, long-distance telephone charges, and travel costs.
  1. Complete AgreementThis Agreement contains the entire agreement of the parties and supersedes any and all other agreements, whether oral or in writing, between the parties concerning the subject matter hereof.  Any modification of this Agreement shall be effective only if in a writing signed by the parties.

 

  1. Severability. If any provision of this Agreement is held by a court or tribunal of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

 

  1. Assignment. You shall not assign or sublicense any part of this Agreement, in whole or in part, without the prior written consent of ERC Builder LLC.

Terms and Conditions for SMS Marketing

  • Text marketing: By signing up via text message, you agree to receive recurring automated promotional and personalized marketing text messages at the cell phone number used when signing up. You may opt out at any time. Message frequency varies. Message and data rates may apply. By opting into or participating in the mobile messaging program (the “Program”), you accept and agree to these terms and conditions and privacy policy (the “Agreement”) including, without limitation, your agreement to resolve any disputes with us through binding, individual only arbitration. 
  • User opt in: The Program allows Users to receive SMS messages by affirmatively opting into the Program, such as through online or application-based enrollment forms or via verbal consent. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to imply that any or all of our mobile messages are sent using an autodialer.
  • User opt out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. You may also choose to fill out the online form at the bottom of this page to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out of the Program. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting an employee to remove you from our list, is not a reasonable means of opting out.
  • Duty to notify and indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plans or selling/transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of a change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individuals(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
  • Cost and frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
  • Support instructions: For support regarding the Program, text “HELP” to the number you received messages from.
  • Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. ERC BUILDER LLC is not liable for delayed or undelivered mobile messages.
  • Participant requirements: You must have a wireless device of your own, capable of two-way messaging, by using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
  • Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect and right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this agreement from time to time. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

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* ERC Builder LLC is not affiliated with the SBA or any other government or federal agency. ERC Builder LLC is a private third-party tax preparation and processing company.

By completing any forms on this site, you are providing express “written” consent to be contacted by ERC Builder LLC and its partners to explore personal loan offers, tax products, and marketing messages including contact through automatic dialing systems, artificial or pre-recorded voice messaging, or text message. Message and data rates may apply. Message frequency varies. You understand that your consent is not required as a condition to using ERCBuilder.com.

You also authorize ERC Builder LLC to retain your information for use in accordance with our Terms & Conditions and Privacy Policy.