PARADISE TUTORS LLC TERMS OF SERVICE
1. Agreement and Application
These Terms of Service (“Terms”) govern tutoring, test preparation, college consulting, and related services provided by Paradise Tutors LLC (“Company”). “Client” means the individual purchasing services and accepting these Terms. “Student” means the individual receiving services.
Client accepts these Terms by signing a form expressly incorporating them or by otherwise affirmatively agreeing to them. A person accepting these Terms represents that they are at least eighteen years old and have authority to enter into this agreement.
A parent or legal guardian purchasing services for a minor enters into this agreement in their individual capacity. These Terms bind another person only to the extent the accepting party has legal authority to bind that person. References to Student’s responsibilities do not establish that a Student who has not validly accepted these Terms has waived any legal rights.
These Terms apply prospectively to services provided after acceptance and do not release claims arising from earlier services.
2. Scope of Services
Company provides educational and advisory services as agreed in writing. Services may include academic tutoring, standardized test preparation, college research, application planning, essay brainstorming, essay feedback and editing, activity descriptions, and assistance navigating or reviewing the Common Application and other application platforms.
Only expressly agreed services are included. Assistance with a particular application, essay, question, or section does not constitute an undertaking to review all materials, identify every error, monitor every deadline, or manage the entire admissions process.
Unless separately agreed in writing, services do not include submitting applications, monitoring application portals, obtaining transcripts or recommendations, preparing financial-aid forms, or communicating with institutions on Student’s behalf.
Company will perform agreed services with reasonable care. Its services are educational and advisory and do not constitute a performance guarantee.
3. No Guarantee of Score Increases or Academic Performance
Company does not warrant or guarantee any increase in test scores, any minimum score, any grade, mastery of any subject, or any other academic result. Tutoring and test-preparation services do not constitute a guarantee of improved performance.
Results depend on factors outside Company’s control, including prior knowledge, attendance, participation, independent preparation, health, testing conditions, and decisions of testing organizations and educational institutions. Scores and grades may increase, remain unchanged, or decrease.
Practice-test results, target scores, estimates, testimonials, and descriptions of past student outcomes are illustrative only and do not constitute promises of comparable results.
4. No Guarantee of Admission or Financial Awards
Company does not guarantee admission, acceptance, transfer, placement, removal from a waitlist, scholarships, financial aid, tuition discounts, or any other institutional outcome.
Descriptions of schools as “likely,” “target,” “reach,” or similar terms represent opinions based on available information and do not constitute assurances of admission.
Institutions exercise independent discretion and may change their requirements, priorities, policies, or decisions without notice to Company. An unfavorable outcome does not, by itself, establish that Company failed to perform its services appropriately.
5. Accuracy, Completeness, and Final Review
Client is responsible for supplying accurate and complete information and ensuring that Student personally reviews the complete final application before submission.
Student and Client retain responsibility for verifying all application materials, including essays, supplements, uploaded documents, selections, statements, and certifications. Such verification includes, as applicable:
(a) names, contact details, citizenship, and residency;
(b) academic history, courses, grades, and test scores;
(c) activities, awards, employment, and disciplinary disclosures;
(d) majors, campuses, entry terms, and application rounds;
(e) financial-aid and scholarship selections;
(f) application requirements, deadlines, and fees; and
(g) signatures, acknowledgments, and institutional certifications.
Company’s review, editing, suggestions, screen-sharing assistance, or assistance entering information does not replace final review by Student and Client. Silence concerning an item does not constitute confirmation that it is accurate, complete, or appropriate.
Student and Client are responsible for changes made after Company’s review and for ensuring that the submitted version is the intended final version.
These responsibilities do not excuse Company from performing expressly agreed services with reasonable care.
6. Financial-Aid Selections and Binding Decisions
Decisions concerning whether to request need-based financial aid, apply for scholarships, provide financial information, or select a binding application plan belong to Student and Client.
Company shall not be presumed authorized to make such decisions. Client must ensure that these selections are expressly confirmed before submission. Questions about the consequences of a selection should be directed to the relevant institution.
Unless separately agreed in writing, services exclude preparation or review of the FAFSA, CSS Profile, tax records, financial-aid calculations, and supporting financial documents.
Company does not provide legal, tax, investment, or financial-planning advice and does not guarantee how any selection will affect admission, aid eligibility, or attendance costs.
7. Deadlines, Submission, and Application Status
Unless Company expressly accepts a particular responsibility in writing, Student and Client are responsible for identifying and meeting all application, testing, transcript, recommendation, portfolio, scholarship, financial-aid, deposit, and enrollment deadlines.
Student and Client are responsible for submitting materials, paying fees, confirming receipt, monitoring email and application portals, responding to institutional requests, and verifying that each application is complete.
A reminder or discussion of a deadline does not create an ongoing obligation to monitor other deadlines. Company does not guarantee availability or completion of requests submitted shortly before a deadline.
8. Limited Authority
Access to an account, participation in screen sharing, or assistance entering information does not authorize Company to sign certifications, submit applications, accept offers, enter binding commitments, or otherwise act on Student’s behalf.
Any such assistance requires separate express authorization and must comply with institutional and platform rules. Student must review and approve final materials before any authorized submission.
9. Reliance on Information and Third Parties
Company may rely on information supplied by Student and Client without independently auditing or authenticating it unless verification is expressly included in the agreed services.
Client shall promptly disclose relevant changes. Company is not responsible for losses to the extent caused by inaccurate, incomplete, misleading, or untimely information supplied by Student, Client, or third parties.
Institutional instructions and direct communications from the institution are the authoritative sources for its requirements. Student and Client are responsible for seeking clarification when requirements are ambiguous or conflicting.
Company does not control institutional decisions, testing organizations, application platforms, or other third parties.
10. Authorship and Academic Integrity
Student remains responsible for the authorship, authenticity, and truthfulness of submitted work. Editing and feedback do not authorize fabrication, plagiarism, false statements, or assistance prohibited by an institution.
Client shall ensure that Student reviews and complies with applicable rules concerning outside assistance, essay editing, and artificial intelligence. Company may refuse requests that would require dishonesty or violation of applicable rules.
Student is responsible for understanding and truthfully making all certifications required for submission.
11. Notice and Correction of Potential Errors
Client shall notify Company promptly upon discovering a potential error, omission, discrepancy, or misunderstanding relating to the services.
The parties shall cooperate reasonably in evaluating the issue and pursuing available corrections. Company does not guarantee that an institution will permit a correction or that a correction will change an outcome.
Failure to provide prompt notice does not automatically waive a claim. Company is not responsible for additional losses to the extent caused by an unreasonable failure to take available corrective steps.
12. LIMITED RELEASE OF ORDINARY-NEGLIGENCE CLAIMS
TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLIENT RELEASES PARADISE TUTORS LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND CONTRACTORS ACTING WITHIN THE SCOPE OF THE SERVICES (“PROTECTED PARTIES”) FROM CLAIMS FOR ECONOMIC LOSS CAUSED BY ORDINARY NEGLIGENCE IN PROVIDING COLLEGE CONSULTING SERVICES, INCLUDING NEGLIGENT ERRORS OR OMISSIONS IN APPLICATION GUIDANCE, ESSAY EDITING, COMMON APPLICATION ASSISTANCE, AND APPLICATION REVIEW.
THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, RECKLESSNESS, FRAUD, WILLFUL MISCONDUCT, VIOLATIONS OF LAW FOR WHICH LIABILITY CANNOT BE WAIVED, OR OTHER NONWAIVABLE LIABILITY. IT DOES NOT WAIVE A CLAIM FOR FAILURE TO PROVIDE PURCHASED SERVICES.
THIS RELEASE APPLIES ONLY TO CLAIMS CLIENT HAS LEGAL AUTHORITY TO RELEASE.
13. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMBINED AGGREGATE LIABILITY OF THE PROTECTED PARTIES FOR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID TO COMPANY UNDER THIS AGREEMENT AS OF THE EVENT GIVING RISE TO THE CLAIM. THIS IS A COMBINED LIMIT AND NOT A SEPARATE LIMIT FOR EACH CLAIM OR PROTECTED PARTY.
THIS LIMIT DOES NOT APPLY TO GROSS NEGLIGENCE, RECKLESSNESS, FRAUD, WILLFUL MISCONDUCT, NONWAIVABLE STATUTORY REMEDIES, OR OTHER LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE LIMITED. IT DOES NOT ELIMINATE ANY REQUIRED REFUND FOR SERVICES NOT PROVIDED.
14. EXCLUSION OF CERTAIN DAMAGES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PROTECTED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE SERVICES. THIS INCLUDES CLAIMED LOST FUTURE EARNINGS, LOST EDUCATIONAL OPPORTUNITIES, OR LOST SCHOLARSHIP OR FINANCIAL-AID BENEFITS TO THE EXTENT SUCH LOSSES CONSTITUTE EXCLUDED DAMAGES.
THE EXCLUSIONS IN THIS SECTION ARE SUBJECT TO THE SAME EXCEPTIONS STATED IN SECTION 13.
15. Fees, Cancellations, and Refunds
Rates, payment arrangements, cancellation requirements, and package terms shall be disclosed separately and accepted by Client before they apply.
Fees compensate Company for services provided and any expressly agreed reservation of time. Fees are not contingent upon test scores, admission decisions, scholarships, financial aid, or other outcomes.
Dissatisfaction with an outcome alone does not entitle Client to a refund for services properly performed. Nothing in these Terms restricts remedies for breach or rights that cannot lawfully be waived.
Credit card charges are governed by Client’s separate payment authorization. These Terms do not independently authorize additional or unspecified charges.
16. Communications and Technical Interruptions
Company does not provide continuous monitoring or emergency availability. Particular response times and turnaround commitments apply only when expressly agreed in writing.
Student and Client are responsible for maintaining access to their accounts and monitoring communications.
Company is not responsible for third-party outages, platform malfunctions, delivery failures, or institutional processing delays except to the extent Company’s own actionable conduct causes or contributes to the loss.
17. Privacy and Confidentiality
Company will use reasonable safeguards for personal information and use or disclose such information as reasonably necessary to provide services, administer the engagement, comply with law, or establish or defend legal claims.
Company may use service providers reasonably necessary for scheduling, communications, payment processing, and document collaboration, subject to applicable law and its disclosed privacy practices.
Payment by a parent or another person does not by itself authorize disclosure of an adult Student’s confidential information. Any necessary authorization shall be obtained separately.
Recording sessions or using identifiable student work, testimonials, or results for marketing requires separate consent.
18. Suspension and Termination
Either party may terminate future services by written notice. Company may suspend or terminate services for nonpayment, abusive conduct, requests involving dishonesty, or material breach of these Terms.
Where reasonably practicable, Company will provide notice allowing Student and Client to make alternative arrangements.
Client remains responsible for properly incurred charges. Company will refund unused prepaid amounts except for charges lawfully earned under an accepted fee schedule.
Termination does not eliminate obligations or claims arising before termination.
19. Entire Agreement and Changes
These Terms, together with accepted service descriptions, fee policies, and payment authorizations, constitute the agreement concerning their respective subjects and supersede prior discussions concerning those subjects, without excluding liability for fraud or rights that cannot be waived.
Any amendment must be affirmatively accepted by the parties in writing or electronically. Merely posting revised Terms does not retroactively change the agreement or release existing claims.
Informal discussions of possible outcomes do not amend the no-guarantee provisions.
20. Severability and Preservation of Rights
If a provision is held unenforceable, the remaining provisions shall remain effective to the extent permitted by law. Nothing requires a court to enforce or rewrite an unlawful provision.
Nothing in these Terms waives consumer protections, statutory remedies, or other rights that cannot lawfully be waived.
The Protected Parties are intended beneficiaries of the protections expressly provided to them.