The Lake Project - a nonprofit organization that works to preserve waterways - ordered $16,000 worth of office supplies from Office Supplier, a large web-based business located in California.The Lake Project is regarded as a "non-merchant" but the seller is, of course, a merchant.

When various shipments of office supplies were delivered they contained an invoice that stated any disputes must be filed in Marin County, California.The forum selection clause was not set out on the website (not even in the "I agree" language that no one looks at!).For reasons that are not important, much of the supplies delivered to The Lake Project were not acceptable.Office Supplier refused to return the money to the buyer.

Lake Project is located in Minnesota.Is it required to sue the seller in California?Why or why not?