Workop – 261TPC INC - Terms and Conditions

These Terms and Conditions ("Agreement") govern the use of all services provided by 261TPC INC, a Florida corporation, doing business as Workop ("Workop," "we," "us", or "our"). By accessing our website, submitting an application, or contracting our services, you ("Client") acknowledge that you have read, understood, and agreed to be legally bound by this Agreement in its entirety.

1. Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below:

• "Services" means the administrative assistance, coordination, document management, advisory support, translation facilitation, credential evaluation coordination, and any other service offered by Workop as described on its website or in any service order, invoice, or engagement letter.
• "Client" means any individual or entity that accesses the Workop website, submits an application, or enters into a service engagement with Workop.
• "Evaluation Agency" means any independent third-party credential evaluation agency engaged through or coordinated by Workop, including agencies recognized by the National Association of Credential Evaluation Services (NACES).
• "Report" means any document, evaluation, translation, advisory output, or deliverable produced by an Evaluation Agency or by Workop in connection with the Services.
• "Platform" means Workop's digital environment, including its website, client portal, and any associated file storage or communication systems.

2. Nature of Services – No Equivalency Authority

Workop does not perform academic equivalencies, credential evaluations, degree validations, or professional determinations of any kind.

Workop provides administrative assistance, coordination, and advisory support only, facilitating access to independent third-party Evaluation Agencies.

Workop does not issue, sign, certify, validate, endorse, or adopt any evaluation report or its conclusions.

3. Third-Party Evaluation Agencies

Any academic evaluation or credential equivalency Report is issued exclusively by independent third-party Evaluation Agencies, including agencies that may be accredited or recognized as members of NACES.

Workop does not control, influence, modify, or guarantee the content, conclusions, format, or acceptance of any Report issued by an Evaluation Agency. The relationship between the Client and any Evaluation Agency is independent from Workop's engagement.

4. Advisory Nature – No License, No Certification, No Acceptance Guarantee

All Reports are advisory and informational only. Under no circumstances do these Reports:

• Grant professional licenses
• Replace U.S. state licensure requirements
• Substitute certifications, registrations, or board approvals
• Authorize professional practice or employment in the United States

Workop does not guarantee that the Client, or any third party, will accept, agree with, or recognize the results, conclusions, or determinations contained in any Report.

The Client expressly acknowledges that Reports are advisory in nature only, and that their acceptance, recognition, interpretation, or use depends solely on the discretion, internal policies, and requirements of the receiving institution, employer, licensing authority, governmental agency, or other third party.

Workop assumes no responsibility or liability for the acceptance, rejection, interpretation, or use of any Report by any receiving entity.

Exclusion of Consequential Damages: In no event shall Workop be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from the rejection, non-acceptance, or limited recognition of any Report — including but not limited to lost income, loss of professional opportunity, loss of employment, immigration consequences, or any other economic loss — even if Workop has been advised of the possibility of such damages.

5. Right to Request Information

Workop and/or the contracted Evaluation Agencies reserve the right, at any time, to request additional information, original educational documents, and/or documents issued in institutionally sealed envelopes as a condition to proceeding with or completing any Service.

6. Verification and Institutional Contact

Workop and/or the Evaluation Agencies may contact educational institutions, governmental entities, or issuing authorities to verify the authenticity and validity of submitted credentials. The Client consents to such contact by entering into this Agreement.

7. Refusal of Service

Workop and/or contracted Evaluation Agencies reserve the right to refuse, suspend, or discontinue service to any individual, at their sole discretion, including the right to deny additional copies of Reports after issuance. Such refusal shall not entitle the Client to a refund except where required by applicable law.

8. Educational Non-Equivalency Determinations

If the education completed is determined not to be equivalent to coursework offered by a regionally accredited institution in the United States, only a general advisory Report may be issued. Workop shall not be held responsible for any consequence arising from such a determination.

9. Client Responsibility

The client acknowledges and agrees that:

• All information provided to Workop must be truthful, complete, and accurate at the time of submission
• The Client is solely responsible for the authenticity and accuracy of all submitted documents
• Errors, omissions, or misrepresentations may result in delays, denial of Reports, forfeiture of fees, or termination of Services
• It is the Client's sole responsibility to verify whether any Report or Service meets the requirements of the applicable receiving institution or authority before submission

10. Fraud and Falsified Documents

If false information or forged, altered, or falsified documents are submitted at any time, whether prior to, during, or after the completion of Services — the following actions may be taken by Workop at its sole discretion:

• No Report will be issued and no service will be completed
• No refund will be made under any circumstances
• All submitted documents will be retained and will not be returned to the Client
• Information regarding the fraudulent submission may be disclosed to academic institutions, government agencies, professional licensing organizations, Evaluation Agencies, and/or law enforcement authorities as required or permitted by law
• Workop reserves the right to report fraudulent conduct to the appropriate state, federal, or international authorities, and to cooperate fully with any resulting investigation

Legal Notice:The Client acknowledges that submission of falsified documents may constitute a criminal offense under applicable federal and state law, and that Workop shall bear no liability for any consequence arising from its disclosure of such conduct to authorities.

11. Fees – No Refund Policy

All fees paid to Workop are non-refundable once an application or service order has been submitted, regardless of whether a Report is issued, whether the order is canceled or inactivated, or whether the Client is dissatisfied with the outcome of any Report or Service.

This no-refund policy reflects the administrative, coordination, and processing costs incurred by Workop upon submission. This policy does not apply where its enforcement is expressly prohibited by applicable law.

12. Shipping and Third-Party Delivery

Workop, its employees, and contracted agencies are not responsible for the loss, delay, damage, or misdirection of documents or packages once they have been tendered to any third-party courier or delivery service. The Client assumes all risk associated with physical document transit.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WORKOP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF INFORMATION, COMPLETENESS, AND UNINTERRUPTED OR ERROR-FREE ACCESS TO THE PLATFORM OR SERVICES.

Workop does not warrant that: (a) the Services will meet the Client's specific objectives; (b) any Report will be accepted by any institution, employer, licensing authority, or governmental agency; (c) the Platform will operate without interruption, errors, or data loss; or (d) any defect or error in the Services will be corrected.

No oral or written statement made by Workop's employees, agents, or contractors shall create any warranty not expressly set forth in this Agreement.

14. Limitation of Liability and Release

The Client releases Workop, 261TPC INC, its officers, directors, employees, and contractors from any and all claims, demands, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from:

• Services performed or not performed
• The content, conclusions, or acceptance of any evaluation Report
• Loss of, damage to, or unauthorized access to submitted documents
• Reliance on any information, advice, or recommendation provided by Workop
• >Any action or inaction of any third-party Evaluation Agency

Liability Cap To the maximum extent permitted by applicable law, Workop's total cumulative liability to any Client for any cause whatsoever — regardless of the form of action — shall not exceed the total amount of fees actually paid by that Client to Workop for the specific Service giving rise to the claim during the twelve (12) months preceding the event giving rise to such liability.

This limitation applies to all theories of liability, including contract, tort, negligence, strict liability, and any other legal or equitable theory.

15. Indemnification

The Client shall defend, indemnify, and hold harmless Workop, 261TPC INC, and its respective officers, directors, employees, agents, and contractors from and against any and all claims, liabilities, losses, damages, judgments, penalties, fines, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or related to:

• The Client's breach of any representation, warranty, or obligation under this Agreement
• The Client's submission of false, fraudulent, forged, or materially inaccurate documents or information
• The Client's misuse, unauthorized distribution, or improper reliance on any Report
• Any third-party claim arising from the Client's use or misuse of Workop's Services
• Any violation of applicable law by the Client in connection with the Services

This indemnification obligation shall survive the termination or expiration of this Agreement and any completion or cancellation of Services.

16. Immigration Disclaimer

Workop is not an immigration law firm and does not provide immigration advice, legal counsel, or representation of any kind.

Nothing in these Terms or in any Report shall be construed as immigration advice or as a guarantee of any immigration benefit, status, or outcome. For all immigration-related matters, the Client must consult a licensed and qualified immigration attorney admitted to practice in the relevant jurisdiction.

17. USCIS-Sensitive Cases – Third-Party Evaluation Use Disclaimer

All credential evaluation Reports are issued exclusively by independent third-party Evaluation Agencies, and not by Workop. Workop does not endorse, validate, certify, adopt, or assume responsibility for the conclusions or opinions contained in any Report.

Evaluation Reports may be used, submitted, or presented by the Client, at the Client's sole discretion and responsibility, to educational institutions, employers, licensing bodies, or immigration authorities, including USCIS.

Workop makes no guarantees regarding acceptance, eligibility, approvals, processing times, or outcomes in connection with any immigration filing. Workop shall not be responsible for Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), delays, denials, or adverse immigration decisions.

This section shall survive the termination or completion of Services.

18. Digital File Storage and Platform Access

Digital files generated, processed, managed, or stored through the Workop Platform — including, without limitation, credential evaluation coordination records, certified translation deliverables, curriculum vitae documents, advisory Reports, and any other digital output produced in connection with Workop's Services — are hosted and administered exclusively within Workop's digital infrastructure.

Workop expressly retains ownership and full administrative control over all files stored on the Platform. By using Workop's Services, the Client acknowledges and agrees to the following:

• Workop reserves the right, at its sole discretion and without prior notice, to modify, restrict, suspend, archive, or permanently delete any files stored on the Platform at any time, for any reason, including but not limited to system maintenance, expiration of the storage period, internal policy changes, account inactivity, or discontinuation of any Service.
• Files will remain accessible on the Platform for a period of no more than thirty (30) calendar days following the date of delivery notification. After this period, files may be permanently deleted without further notice. Workop shall bear no obligation to retain or restore any file after such period.
• The availability of digital files on the Platform is not guaranteed indefinitely. Workop does not warrant continued or uninterrupted access to stored files beyond the completion and delivery of the contracted Service.
• Workop assumes no liability for unauthorized access, third-party interception, misuse, or disclosure of any documents or files by parties other than the Client.

Important – Download Your Files Workop strongly recommends that the Client download and retain a personal copy of all Reports, documents, and deliverables immediately upon receiving delivery notification. Workop shall bear no responsibility for any loss, inaccessibility, alteration, or unauthorized use of files that the Client failed to download within the 30-day availability window.

Use of the Workop Platform constitutes full acceptance of the terms set forth in this Section.

19. Dispute Resolution – Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. THIS AGREEMENT REQUIRES BINDING INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS OR COLLECTIVE ACTIONS. YOUR ACCEPTANCE OF THESE TERMS, INCLUDING VIA THE ELECTRONIC CHECKBOX PROVIDED AT THE TIME OF SERVICE ENROLLMENT, CONSTITUTES YOUR KNOWING AND VOLUNTARY AGREEMENT TO ARBITRATE.

19.1 Informal Resolution – Mandatory Pre-Dispute Notice.

Before initiating any arbitration or legal proceeding, the Client must provide Workop with written notice of the dispute ("Notice of Dispute") sent to info@work-op.com, describing in reasonable detail: (a) the nature and basis of the claim; (b) the specific relief sought; and (c) the Client's contact information. The parties agree to negotiate in good faith for a period of thirty (30) calendar days following receipt of the Notice of Dispute ("Informal Resolution Period"). If the parties are unable to resolve the dispute within that period, either party may proceed to arbitration as set forth below. Compliance with this pre-dispute notice requirement is a condition precedent to initiating arbitration.

19.2 Binding Individual Arbitration.

If the dispute is not resolved during the Informal Resolution Period, any dispute, controversy, or claim arising out of or relating to this Agreement, the Services, or any breach, termination, or validity thereof ("Dispute") shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (if the Client is an individual) or its Commercial Arbitration Rules (if the Client is a business entity), as applicable and as amended from time to time, except as modified herein. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

• Seat & Location: The arbitration shall be seated in Broward County, Florida. Hearings may be conducted by telephone, videoconference, or in person at a mutually agreed location.
• Arbitrator: The arbitration shall be conducted before a single neutral arbitrator who is an attorney licensed to practice law in the State of Florida with no less than ten (10) years of experience in commercial or consumer disputes. The arbitrator shall be selected through the AAA's standard appointment procedures.
• Authority: The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including whether a claim is subject to arbitration. The arbitrator may award any relief available in court on an individual basis.
• Award: The arbitrator's award shall be in writing, state the essential findings and conclusions upon which it is based, be final and binding on both parties, and may be entered and enforced as a judgment in any court of competent jurisdiction.
• Fees & Costs: Each party shall bear its own attorneys' fees and costs. AAA filing fees shall be allocated in accordance with the applicable AAA Rules. If the arbitrator determines that a claim or defense was frivolous or asserted in bad faith, the arbitrator may award reasonable attorneys' fees and costs to the prevailing party.
• Confidentiality: All arbitration proceedings, filings, and awards shall be kept strictly confidential by both parties, except as required by law or to enforce an award.

19.3 Small Claims Court Exception.

Notwithstanding Section 19.2, either party may bring an individual claim in a small claims court of competent jurisdiction in Broward County, Florida, provided the claim qualifies under that court's jurisdictional limits and is brought solely on an individual basis.

19.4 Emergency & Injunctive Relief.

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction solely to prevent irreparable harm, misappropriation of confidential information, or infringement of intellectual property rights, pending the appointment of an arbitrator or conclusion of arbitration proceedings.

Class Action & Jury Trial Waiver:THE CLIENT EXPRESSLY WAIVES ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE COVERED BY THIS AGREEMENT. The Client further agrees that all Disputes shall be resolved strictly on an individual basis. The Client waives any right to bring or participate as a plaintiff, class member, or opt-out plaintiff in any class, collective, consolidated, private attorney general, or representative arbitration or litigation against Workop. The arbitrator shall have no authority to consolidate claims or to award relief to any person other than the individual Client. If this class action waiver is found unenforceable in any proceeding, the entirety of Section 19 shall be deemed void and unenforceable, and the dispute shall be resolved in court subject to Section 20.

19.5 Opt-Out Right.

A Client who does not wish to be bound by the arbitration agreement in this Section 19 may opt out by sending written notice to info@work-op.com within thirty (30) days of first accepting these Terms. The opt-out notice must include the Client's full name, address, and a clear statement that the Client opts out of arbitration. Opting out of arbitration does not affect any other provision of this Agreement. Clients who opt out shall be subject to the exclusive jurisdiction of the courts specified in Section 20.

20. Governing Law and Exclusive Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

For any matter not subject to arbitration under Section 19, or for the enforcement of any arbitration award, the parties irrevocably submit to the exclusive jurisdiction of the state or federal courts located in Broward County, Florida, and waive any objection based on improper venue or forum non conveniens.

21. Force Majeure

Workop shall not be liable for any delay, interruption, or failure to perform its obligations under this Agreement to the extent that such delay or failure results from causes beyond Workop's reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, governmental actions or restrictions, cyberattacks, power or internet outages, third-party system failures, labor disputes, war, terrorism, or any other Force Majeure Event.

Upon the occurrence of a Force Majeure Event, Workop shall notify the Client as soon as reasonably practicable and shall use commercially reasonable efforts to resume performance. The occurrence of a Force Majeure Event shall not entitle the Client to a refund of any fees paid.

22. Severability

If any provision of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from this Agreement. All remaining provisions shall continue in full force and effect.

23. Entire Agreement

This Agreement, together with any service order, invoice, or engagement letter issued by Workop, constitutes the entire agreement between Workop and the Client with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, representations, warranties, understandings, negotiations, and communications — whether oral or written — between the parties.

No modification, amendment, or waiver of any provision of this Agreement shall be effective unless made in writing and signed by an authorized representative of Workop. No verbal statement, email, WhatsApp message, or other informal communication from any Workop employee, agent, or contractor shall constitute a modification of this Agreement or create any additional obligation on the part of Workop.

24. Language Prevailing Clause

This Agreement may be translated into other languages for the convenience of the Client. In the event of any conflict, inconsistency, discrepancy, or ambiguity between the English version and any translated version, the English version shall prevail, govern, and control in all respects.

25. Acceptance of Terms

Workop requires affirmative, informed consent to this Agreement prior to the provision of any Service. At the time of service enrollment, application submission, or account registration, the Client is presented with a mandatory electronic checkbox ("I have read and agree to the Terms & Conditions") that must be actively selected before the transaction may proceed. By checking that box, or by otherwise accessing the Workop website or engaging Workop's Services in any manner, the Client irrevocably acknowledges and agrees that:

1. The Client has affirmatively checked the acceptance checkbox presented at the point of service enrollment, constituting a legally valid and binding electronic signature and expression of informed consent under Florida Statute § 668.50 (Florida Electronic Signature Act) and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.).
2. The timestamp, IP address, and session data recorded at the moment of checkbox confirmation constitute valid electronic evidence of acceptance and are admissible as proof of assent in any arbitration or legal proceeding.
3. The Client has read, understood, and voluntarily agrees to be bound by this Agreement in its entirety, including the mandatory arbitration clause, class action waiver, liability cap, and no-refund policy.
4. All information provided by the Client is accurate, truthful, and complete.
5. The Client understands that Workop does not perform, issue, certify, or endorse credential evaluations or equivalencies, and that all Reports are issued by independent third-party Evaluation Agencies and are advisory in nature only.
6. The Client has reviewed Workop's Privacy Policy, which is incorporated herein by reference, and consents to the collection, use, and processing of personal information as described therein.
7. The Client agrees that this Agreement is legally binding and enforceable to the fullest extent permitted by applicable law

Electronic Acceptance Notice Workop retains a timestamped record of each Client's checkbox confirmation, including date, time, IP address, and the version of the Terms in effect at the time of acceptance. This record constitutes conclusive evidence of the Client's informed and voluntary assent to this Agreement and may be produced in any dispute resolution proceeding.

26. FTC/COPPA Compliance & Regulatory Disclosures

26.1 FTC Compliance – Truth in Advertising.

Workop's marketing communications, website content, and service representations comply with the Federal Trade Commission Act (15 U.S.C. § 45) and applicable FTC regulations and guidance. All material claims made by Workop regarding its Services are truthful, substantiated, and not deceptive or misleading. Workop does not engage in unfair, deceptive, or abusive acts or practices (UDAAP) in connection with the marketing or delivery of its Services. Any testimonials or endorsements displayed by Workop reflect the genuine opinions of real clients and are presented in compliance with the FTC's Endorsement Guides (16 C.F.R. Part 255).

26.2 COPPA – Children's Online Privacy Protection.

Workop's Services are intended solely for individuals who are eighteen (18) years of age or older. Workop does not knowingly collect, use, or disclose personal information from children under the age of 13, in compliance with the Children's Online Privacy Protection Act (COPPA, 15 U.S.C. §§ 6501–6506) and its implementing regulations (16 C.F.R. Part 312). By using Workop's Services or submitting any application, the Client affirmatively represents and warrants that they are at least 18 years of age.

Minor Access Prohibition: If Workop becomes aware that a person under the age of 13 has submitted personal information through the Platform, Workop will promptly delete such information. If you believe a minor has submitted information to Workop without parental consent, please contact us immediately at info@work-op.com.

26.3 CAN-SPAM Act Compliance

All commercial electronic communications sent by Workop comply with the Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM Act, 15 U.S.C. § 7701 et seq.). Each commercial email sent by Workop includes: (a) a clear identification of the message as a commercial communication; (b) Workop's valid physical mailing address; and (c) a clear and conspicuous mechanism to opt out of future commercial messages. Workop honors all opt-out requests within ten (10) business days of receipt.

26.4 Anti-Spam & Unsolicited Communications

Workop does not sell, rent, or share Client contact information with third parties for marketing purposes without the Client's express prior consent, except as described in Workop's Privacy Policy. Clients may withdraw marketing consent at any time by contacting info@work-op.com or using the unsubscribe mechanism included in each commercial communication.

Workop's collection, use, storage, and disclosure of personal information is governed by its Privacy Policy, which is incorporated into this Agreement by reference. By accepting these Terms, the Client also consents to the practices described in the Privacy Policy as it may be updated from time to time. Clients are encouraged to review the Privacy Policy periodically.

26.6 Accessibility

Workop is committed to making its Platform accessible to users with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). Clients who encounter accessibility barriers may contact Workop at info@work-op.com to request accommodation.

26.7 Regulatory Changes.

Workop reserves the right to amend this Section at any time to reflect changes in applicable federal or state regulations. Material amendments will be communicated to Clients through the Platform or via email, and continued use of the Services following such notice constitutes acceptance of the amended terms.