Falbe bought a computer from Dell over the phone. When he received it$,$ it came with Dell$$s standard $$Terms and Conditions of Sale$$ form. It said: $$Please read this document carefully. It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution clause. $...$ This Agreement contains the terms and conditions that apply to purchases. $...$ By accepting delivery of the computer. $...$ Customer agrees to be bound by and accepts these terms and conditions.$$ It also contained the return policy, which stated that the computer could be returned in $30$ days from the date of invoice, and an arbitration clause. Several months later Falbe sued Dell for fraud, claiming it misrepresented the procedure for obtaining a $$200$ rebate. Dell argued that the dispute had to be arbitrated. Who will prevail? Why?