International Trucking has been buying parts from Autopoint, LLC for years. The parties had a three-year contract that began on January 1, 2013, and ends on December 31, 2016. Countless invoices have been exchanged by the parties over the years. On the invoice from Autopoint is a reference to its Web site, which contains the terms and conditions of their contractual relationship. The invoice specifically states: By signing this invoice, you are certifying that you have read and agree to the terms and provisions set forth and posted on our Web site at www.autopointllc.net/gentermsconditions. Included in the terms and provisions was an arbitration clause that stated that all disputes between the parties had to be settled by arbitration and that was the party's only and exclusive remedy. This provision also provided that all arbitrations would take place in Autopoint’s home state of Mississippi. International was not satisfied with Autopoint’s service and decided to sever its relationship in favor of Sam’s Auto Supplies, Inc., a competitor. By letter on January 15, 2014, International’s President advised Autopoint that they were ceasing all business with them. Autopoint demands arbitration in Mississippi. International comes to your law firm for advice. 

They do not want to arbitrate in Mississippi and want to file a counterclaim for breach of contract in their home state of Alabama. What is your law firm’s best advice to International? Are the Internet provisions enforceable? Discuss all issues.

Answer rating: 100% (QA)

The best advice for International would be to submit to the arbitration clause in the terms and cond... View the full answer