Current as of June 9 2025

ORIGINAL LANGUAGE IS ENGLISH.  ALL AGREEMENTS ARE BASED ON THE ORIGINAL ENGLISH DOCUMENT

​

Client Agreement

Terms and Conditions / Client Agreement for Use of ProfVal, LLC’s Website and Services

Last Updated Oct 2025

 

By accessing and using this website, you agree to be bound by the terms and conditions set forth in this Agreement. If at any time you do not agree to these terms, you must discontinue use of the Site.

​

1. ProfVal, LLC Accounts

1.1 Registration, Site Upload, Username, and Passwords

You confirm that you have the authority to upload content and pay for services on behalf of yourself, your client(s), or the organization you represent. You also confirm that ProfVal, LLC has the right to send personal documents to individuals designated by you as recipients. These recipients may include external evaluators contracted by ProfVal, LLC. By registering an account or making a purchase on behalf of a client, law firms and attorneys agree to be personally and professionally bound by the terms of this Agreement.

​

2. ProfVal, LLC’s Purpose and Role

ProfVal, LLC provides services such as Expert Opinion Letters, Professional Plans, Business Plans, Work Experience Evaluations, Academic Transcript Evaluations, and other related evaluations. We may add or remove services at our discretion. We are not a law firm and do not offer legal advice. If you are referred to a third-party, ProfVal, LLC is not a party to that relationship.

​

3. Your Use of the Site

You agree to comply with all applicable laws and to provide truthful information to the best of your knowledge.

​

4. Payment Processing

All payments must be made via third-party services designated by ProfVal, LLC. All transactions are prepaid and processed in U.S. Dollars.

​

4.1 Refund Policy & Warranty

• You may request one round of changes within 7 days of delivery.

• Changes will be returned within seven (7) business days unless expert availability causes delays.

• We reserve the right to reject requested changes if they are factually incorrect or inconsistent with our or an expert's opinion. 

• Changes beyond the scope of the original request may incur additional fees.

• The maximum liability for any service is limited to the amount paid for that service by an individual client. This limitation applies per client, per service, and will not be aggregated across clients, including clients represented by the same law firm or purchasing entity. If a law firm makes more than one purchase, ProfVal’s maximum liability across any calendar year is limited to the largest single service purchase made by any one client associated with that law firm during that year.

• Refunds are handled with fairness and transparency, and eligibility depends on the stage of progress and the amount of work completed by our team or assigned expert:

  • Before work begins: 95% refund if an attorney is not included on the order form; 96% refund if an attorney is included.

  • After work has begun: 0–90% refund depending on the stage of progress (applies regardless of attorney involvement).

  • Expert unavailable (no reassignment possible): 95% refund if no attorney is included; 96% refund if an attorney is included.

  • Internal rejection prior to expert review (e.g., petitioner qualifications not meeting minimum standards): 90% refund if no attorney is listed; 96% refund if an attorney is included.

  • Expert declines case after review but before writing: 85–90% refund if no attorney is included; 96% refund if an attorney is included.

  • Expert completes letter but determines petitioner not qualified: 70% refund if no attorney is included; 90% refund if an attorney is included.

  • Favorable evaluation with caveats (expert supports case but notes limitations): No refund, regardless of attorney involvement.

Having an attorney included on the order form generally improves communication and documentation, which may slightly increase refund eligibility.

​​​​

5. Non-Circumvention

All users—including individuals, petitioners, attorneys, law firms, agents, or representatives—agree that if they are introduced to an evaluator, expert, or other professional through ProfVal, LLC, they shall not directly or indirectly solicit, engage, or compensate that expert or professional for any service that is the same as, similar to, or a derivative of ProfVal’s offerings, outside the ProfVal platform for a period of thirty (30) months from the date of the most recent transaction involving that expert.

​

This restriction applies regardless of whether the original purchase was made by a petitioner, their attorney, or any third party on their behalf. Circumvention through a third party, affiliate, or proxy is also prohibited.

 

Exceptions include:

• Prior existing business relationships.

• Written consent from ProfVal, LLC.

• Payment of an opt-out fee equal to $5,000 or 80% of total billings over 24 months, whichever is greater.

 

Any violation of this non-circumvention clause may subject the violator to immediate injunctive relief and/or liquidated damages in an amount no less than $5,000 or 80% of total billings over 24 months, whichever is greater, in addition to attorney's fees and enforcement costs incurred by ProfVal.

 

If ProfVal becomes aware of such a violation independently, without notice from the violator or any third party, the liquidated damages shall be doubled to no less than $10,000 or 160% of total billings over 24 months, whichever is greater, in addition to attorney's fees and enforcement costs incurred by ProfVal.

 

This clause is intended as a reasonable estimate of damages and not as a penalty, and shall be enforceable under applicable contract law.

​

6. Release and Limitation of Liability

​

You agree not to hold ProfVal, its experts, or its contractors liable for any damages resulting from services rendered. Specific limitations include:

​

• Delays, bugs, or downtime.

• Inability to access the Site.

• Errors or inaccuracies.

• Issues with third-party content.

• Delayed or refused payments.

 

Service-specific terms:

• ProfVal cannot guarantee USCIS approval.

• You must review all documents for accuracy.

• Experts are independent contractors and their evaluations are subjective.

• Unauthorized sharing of evaluation documents is prohibited; they remain intellectual property of ProfVal.

 

Legal disputes brought to court will incur attorney fees charged to the client.

 

7. Indemnification

You agree to indemnify and hold harmless ProfVal, its owners, officers, contractors, experts, and agents from any claims or disputes arising from your use of the Site, including:

​

• Legal violations.

• Infringement on third-party rights.

• Breaches of this Agreement.

 

8. Agreement and Termination

ProfVal may terminate your account and access to the Site at its sole discretion. Any unused funds will be returned minus applicable fees. Violations of this Agreement may result in forfeiture of funds.

​

9. Disputes and Applicable Law

Disputes will be resolved through binding arbitration in the State of New Jersey under the Federal Arbitration Act. No class actions are permitted. Arbitration will be administered by the American Arbitration Association (AAA).

• Website: www.adr.org

• Phone: 1-800-778-7879

 

If any claim proceeds in court, both parties waive their right to a jury trial. ProfVal may pursue injunctive relief for intellectual property violations in any court of competent jurisdiction.

 

ProfVal reserves the right to pursue legal and equitable remedies for violations of its intellectual property or non-circumvention provisions, including immediate injunctive relief.

 

10. Intellectual Property Rights

All content, evaluations, letters, plans, and documents created or delivered by ProfVal, LLC, including but not limited to Expert Opinion Letters, Business Plans, Professional Plans, and Work Experience Evaluations, are and shall remain the intellectual property of ProfVal, LLC.

​

You are granted a limited, non-transferable, non-exclusive license to use such materials solely for the specific purpose for which they were purchased, such as supporting a specific immigration or academic evaluation case. You agree not to distribute, reproduce, modify, sell, or publicly share any portion of these documents.

 

Sharing our content with other attorneys outside of your firm, service providers, competitors, or evaluation agencies without our prior written permission is strictly prohibited. Violation of this clause may result in termination of your license to use the documents, immediate legal action, and liability for damages, including injunctive relief and attorneys’ fees.

 

11. General Provisions

• Entire Agreement: This Agreement constitutes the full understanding between you and ProfVal, LLC.

• Governing Law: Laws of the State of New Jersey shall apply.

• Severability: If any clause is invalid, the remainder of the Agreement will remain in effect.

• Jurisdiction: This Site is controlled in the U.S. and governed by U.S. laws.

• Language: English is the governing language. Translations are not binding.

• Electronic Records: You consent to receive communications and notices electronically.

• Notices: Updates will be posted on the Site or sent via email and shall constitute written notice.

If you have questions or wish to initiate arbitration, please contact us at admin@profval.com.