4) LIMITATION OF LIABILITY
a) STUDENT acknowledges that despite PASSPORT’s best efforts on STUDENT’s behalf, PASSPORT cannot guarantee admission to any particular school or program. In no event shall PASSPORT have any liability, whether based on contract, tort (including, without limitation, negligence), statute or common law, or any other legal or equitable grounds, for any punitive, consequential, special, indirect or incidental loss or damage as a result of PASSPORT’s actions in the admission process.
b) The limitations set forth in Section 4(a) above shall not apply to liabilities which may arise as the result of willful misconduct or gross negligence of PASSPORT providing its services hereunder. However, STUDENT’s only claim for damages shall not exceed the total amount paid to PASSPORT by STUDENT, as detailed in this Agreement.