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Hi,
I’m writing about order #573862. Are we still registered for this class? We’d still like to attend (2 people) – the refund was requested because I was charged the incorrect amount. To attend the class, we owe you $10. Would you accept the payment ($10) when we arrive for the class? Please let me know if that is acceptable and, if not, what I need to do so that we can come to the class on November 9th. Thank you.
Also, I just tried to log into my account to ask the question above, but I received a message that my email address doesn’t exist as an account. Please advise me as to how to correct this as well.
Thanks so much,
Linda


[from another question posted by Linda Secouler

Hello,
I saw your reply to my comment, but it doesn’t answer my question about order # 573862. Since I did not get an email reply or a phone call from The Wine School, I still do not know if we are registered for this class on November 9, 2019. You have $168 toward the $178 for the class (through rescheduling codes), so we’d like to attend. Also, The error in payment was on your end, not mine, so I don’t understand why my account is closed off and my log-in doesn’t work anymore. Please reply with an email to my comcast address or a phone call (both my comcast email address and my phone number are in my account).
Thank you.
Linda Secouler

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Linda,

Your actions violated the TOS. As such, you are not welcome at the Wine School, At this time we have chosen to not pursue further remedies provided under the TOS (described below), but that may change.

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Terms & Conditions

Chargeback Policy

Our policy regarding chargebacks is zero tolerance. If we receive a chargeback notice from you or your credit card company, your services with us will be suspended immediately. You are obligated to work with the Wine School to resolve any matters in a reasonable manner and in accordance with our Terms and Conditions.

If you violate this policy in the sole discretion of the Wine School, a flat fee of $150 will be charged for the costs incurred by the Wine School defending against any chargeback.

Additional remedies include the following:

(a) a legal action for any loss of income related to the fraud, legal fees, research costs, employee downtime, loss of revenues, and any other related fees incurred by the Wine School;
(b) the matter may be turned over to a collection agency, who will pursue the disputed charges plus additional costs, and report the matter to all credit bureaus as a delinquent account, which may negatively impact purchaser’s credit rating;
(c) a fraud report may be filed with your local police or sheriff’s department, along with a mail fraud complaint with the United States Postal Inspection Service; and
(d) any other remedies now available to the Wine School under the law, or that may be provided under the law in the future.

Arbitration Agreement

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, you agree that any controversy,
claim, action, or dispute in any way related to your use of the Wine School’s website or the website or any of its affiliates, any
purchase from the Wine School, or to any products or services sold or distributed by the Wine School (“Dispute”) will be
resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).

Informal Dispute Resolution. You shall first try in good faith to settle such Dispute by providing written notice to the Wine School by registered mail describing the facts and circumstances (including any relevant documentation) of the Dispute. You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the Wine School. Commencing a chargeback with your payment provider does not satisfy these
requirements.

Scope of Arbitration Agreement. To the extent you cannot resolve any Dispute through the informal dispute resolution
procedure described above, a Dispute shall be resolved through binding individual arbitration. Accordingly, you agree to give
up the right to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute. You
expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability,
validity, and enforceability of this Arbitration Agreement.

How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration
Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement.
The AAA Rules are available on the AAA’s website http://www.adr.org, or by calling the AAA at (800) 778-7879. In the event the
AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all
filing, administration and arbitrator fees will be governed by the AAA’s applicable rules.

Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The
arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be
individualized to you and shall not affect any other customer. You hereby waive the right to a trial by jury, to assert or
participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or
participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable
law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action
(and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with
the Federal Arbitration Act and, where applicable, the law of the Commonwealth of Pennsylvania. The terms of the Arbitration
Agreement provisions shall survive after your relationship with the Wine School and/or use of our website or other services
and products ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable,
it will not invalidate the remaining portions of the Arbitration Agreement.

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