Sixteen-year-old Joyce loves shopping online. She recently visited to buy some accessories for her new fall outfits. Before entering the Web site, Joyce had to click “Yes” on a click-wrap agreement. The agreement was more than 100 pages long, so Joyce just scrolled down to the bottom and clicked yes without reading it. Joyce ordered and received a spiked collar but when it arrived she decided she did not like it and she mailed it back. sent Joyce an e-mail stating that they had a “No Returns, No Refunds” policy, clearly stated on page 69 of their click-wrap agreement. Joyce then filed a lawsuit against, who fi led a motion to dismiss based on a clause in their online “Terms and Conditions Agreement” that conditioned use of their Web site on agreement that all disputes would be submitted to arbitration, not litigation.

List the issues involved and probable outcomes.


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