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Ethics and Compliance in Action Westendorf bought her friend an Apple iPad, which, at her request. Apple delivered directly to her friend Myers. Several
Ethics and Compliance in Action Westendorf bought her friend an Apple iPad, which, at her request. Apple delivered directly to her friend Myers. Several months later, Myers made a similar generous gift by purchasing an Apple iPad, which he requested be delivered directly to Westendorf. Westendorf received and kept that iPad. In the shipment, Apple included its Standard Terms and Conditions Agreement, which contains an arbitration clause. Westendorf allegedly began experiencing numerous and serious difficulties when attempting to use the Siri voice-activated components of the iPad. She brought a class action against Apple. Westendorf argues that she is not bound by the arbitration clause because as a nonpurchasing user of the iPad, she never expressly agreed to arbitration. Is it ethical to obligate a donee beneficiary such as Westendorf to the arbitration clause that was part of the contract between Myers, who gave her the iPad, and Apple?
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