David Protein Terms of Service

Last updated April 6, 2026

Overview

These Terms of Use ("Terms") are a legal agreement between Linus Technology MergerSub, LLC (dba David Protein) ("David Protein," "we," "us," or "our") and you as a user of David Protein's Services or Products (as hereinafter defined) ("you" or "your"). We make our website available in order to provide you with information about our company, Products and Services, and also so that you can order our Products. Your use of the website, any related mobile applications, our owned and operated social media channels, and any services we provide in connection therewith (collectively, the "Services"), as well as your purchase of David Protein products through the Services, are subject to these Terms. BY USING THE SERVICES AND/OR PURCHASING PRODUCTS, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Services.

THESE TERMS CONTAIN A DISPUTE RESOLUTION PROCEDURE AND AN ARBITRATION AGREEMENT, INCLUDING A WAIVER OF CLASS, REPRESENTATIVE, AND COLLECTIVE ACTIONS, THAT AFFECT YOUR LEGAL RIGHTS, YOUR ABILITY TO GO TO A COURT FOR DISPUTES, AND THE WAYS IN WHICH YOU CAN BRING DISPUTES AGAINST US. YOU MAY OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT ONLY BY FOLLOWING THE PROCEDURES BELOW. THESE TERMS ALSO INCLUDE A JURY WAIVER.

Section 1 - Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. David Protein reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until David Protein confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as David Protein may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

All offers of products as they are displayed via the Services are subject to availability. We reserve the right to modify the items offered via the Services at any time. If a product is not available for shipping promptly after you place your order, or upon the next delivery date under your subscription, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (provided it will be restocked within a reasonable timeframe) or to cancel your order. We will not be liable if products are not in stock or otherwise not available.

Your purchases are subject to return or exchange solely in accordance with our refund policy below. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. If you are a wholesaler or retailer interested in purchasing items in bulk, please visit https://davidprotein.com/pages/wholesale or email us at wholesale@davidprotein.com.

Standard Refund Policy

We have a 30-day return policy, which means you have 30 days after receiving your item to request a refund or return. To start a refund or return, you can contact us at contact@davidprotein.com.

Your refund is subject to the determination of David Protein, but we aim to uphold the highest standards of customer service and fulfill our satisfaction guarantee. To process your refund, in certain circumstances, we will ask you to return your order. Please note that returns will need to be sent to the following address: 345 Hudson St, Floor 15, New York, NY 10014. We may provide a prepaid return label with instructions that specify an alternate return location.

We will notify you once we've received and inspected your return, and let you know if the refund was approved or not. If approved, you'll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.

If more than 15 business days have passed since we've approved your return, please contact us at contact@davidprotein.com.

Wholesale Refund Policy

We offer a 7-day return policy for wholesale orders on damaged products only. You have 7 days from the date you receive your order to request a return or refund.

If more than 15 business days have passed since we've approved your return, please contact us at wholesale@davidprotein.com.

Damages and Issues

Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

Exchanges

The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

Section 4 - Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

You may see credit card authorization holds when you add or update your method of payment or purchase a paid, recurring subscription. Authorization holds, pre-authorization holds, and pending charges are common anti-fraud practices that do not represent actual charges. The amount and duration of the hold varies depending on your credit card company's policies, but generally speaking, this activity appears as a $1 (USD) charge that is released once your credit card is validated. Feel free to contact your credit card company with any questions.

Section 5 - Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Online tracking may be available at our courier's website, though we make no warranties regarding its availability because it is not under our control.

Section 6 - Promotions

The following terms and conditions, together with the Terms, govern the use of our promotional links that may be redeemed for discounts on Products or other features or benefits related to the Services ("Promotion"):

Promotions: (i) must be used in a lawful manner; (ii) must be used for the intended audience and purpose; (iii) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (iv) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to you; (v) may be used only pursuant to the specific terms that we establish for such Promotion; (vi) are not valid for cash or other credits or points; and (vii) may expire prior to your use.
Promotions cannot be combined.
Promotions may have an expiration date, as indicated at the time of issuance. We may adjust expiration and offer amount at any time in our sole discretion.
Promotions can be redeemed only through the Services toward the purchase of products available thereon. They cannot be applied to any orders previously placed.
Promotions are non-transferable and may not be returned or redeemed for cash (except as required by law).
To redeem a Promotion you must click the promotional link before purchase. Additional restrictions may apply, as indicated at the time of issuance.
All remaining balances exceeding the value of your Promotion must be paid by another acceptable form of payment.
Delivery of an electronic Promotion to an incorrect or non-existent email address is the sole responsibility of the purchaser. Delivery of a physical Promotion to an incorrect or non-existent shipping address is the sole responsibility of the purchaser. We are not responsible if a Promotion is lost, stolen, destroyed or used without permission. Promotions will not be replaced if lost or stolen.
Sales tax and shipping charges are applicable to any items purchased with a Promotion.
In addition to the conditions set forth in this Section 6 we may terminate your eligibility to redeem a Promotion or terminate your account for the Services if you take any of the following actions:
- Open multiple accounts, including with different email addresses or other information; or
- Use false names, impersonate other people, or otherwise provide false or misleading information about you to us.
We reserve the right, in our sole discretion, to refuse, modify, cancel or hold for review any Promotion and orders for suspected fraud, for Promotions mistakenly issued in an incorrect denomination, or for other violations of the Promotion or Services policies, in whole or in part for any reason or no reason to the extent permitted by law. If we suspect misuse of a Promotion, the Promotion and the account may be suspended or terminated. We may cancel or rescind any Promotion at any time, in our sole discretion.

Section 7 - Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by David Protein, its affiliates or licensors and are protected by U.S. and foreign patent, copyright, trademark and other intellectual property laws.

Subject to your compliance with these Terms, David Protein grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of David Protein, Shopify or any third party. Unauthorized use of the Services may be a violation of intellectual property laws. All rights not expressly granted herein are reserved by David Protein.

David Protein's names, logos, product and service names, designs, and slogans are trademarks of David Protein or its affiliates or licensors. Without the prior written permission of David Protein, you must not use such trademarks, or any mark, name, or designation that is confusingly similar thereto, including without limitation: (a) as or as part of any trademark, trade name, service mark, company name, or domain name; (b) in any advertising, marketing, promotional, or sponsored content; (c) in connection with any product, service, or business not owned or expressly authorized by David Protein; (d) in any manner likely to cause confusion, mistake, or deception as to the source, sponsorship, or affiliation of any goods or services; or (e) in any manner that disparages, tarnishes, or discredits David Protein or its products. Any goodwill arising from any authorized use of the David Protein trademarks inures solely to the benefit of David Protein. Unauthorized use of the David Protein trademarks may constitute trademark infringement and unfair competition under applicable federal and state law, and David Protein reserves all rights and remedies available to it under such laws.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 8 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms.

Section 9 - Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Section 10 - Relationship with Shopify

David Protein is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with David Protein. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and David Protein, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with David Protein.

Section 11 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide Services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Section 12 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Feedback through any channels and in any media now known or hereafter developed, for any purpose whatsoever, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms. Any Feedback you post to the Services will be considered non-confidential and non-proprietary and you acknowledge and agree that you have no expectation of privacy with regard to such Feedback.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms. We may also disclose your identity or other information about you to third parties if we receive a valid legal request or claim that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and we may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended) (the "DMCA"). If you believe that the Services infringe your copyright, you can reach our Legal Department at legal@davidprotein.com. In notifying us of any alleged copyright infringement, the DMCA requires that you include the following information:

Description of the copyrighted work that is the subject of claimed infringement.
Description of the infringing material and information sufficient to permit us to locate the alleged material.
Contact information for you, including your address, telephone number and/or email address.
A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law.
A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf.

Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

Section 13 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

Section 14 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (i) for any unlawful or malicious purpose; (ii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iii) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (iv) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (v) to transmit false or misleading information; (vi) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (vii) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (viii) to impersonate or attempt to impersonate any other person or entity; or (ix) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm David Protein, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 15 - Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Privacy, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Severability, Waiver; Entire Agreement, Assignment, and any other provisions that by their nature should survive termination.

Section 16 - Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY DAVID PROTEIN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE FOREGOING DISCLAIMERS ARE EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SERVICES. Please note that some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Section 17 - Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL DAVID PROTEIN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, in such jurisdictions our liability shall be limited to the fullest extent permitted by applicable law.

Section 18 - Indemnification

You agree to indemnify, defend and hold harmless David Protein, Shopify, and our affiliates, directors, officers, employees, agents, contractors, service providers, and licensors from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (i) your breach of these Terms or the documents they incorporate by reference, (ii) your violation of any law or the rights of a third party, or (iii) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 19 - Dispute Resolution

19.1 Pre-Dispute Resolution Requirement

Before either party may initiate a legal proceeding against the other, the parties agree to engage in a good-faith effort to resolve any Claim (as defined below) at issue. The party asserting the Claim must notify the other party of the Claim by sending a written notice, including (i) the asserting party's full name; (ii) the asserting party's address, email, and phone number; (iii) a clear description of the Claim; and (iv) a clear description of the specific relief requested, pursuant to the notice provisions herein. If requested by the other party, both parties agree to discuss the Claim in person, by telephone, or by video conference, and to attempt in good faith to resolve the Claim.

If the parties are unable to resolve a Claim within thirty (30) days after receipt of a written notice pursuant to this provision, then the asserting party may pursue the Claim as otherwise set forth in these Terms. Failure to comply with this pre-dispute resolution requirement shall be grounds for dismissal of the Claim.

19.2 Agreement to Arbitrate and Waiver of Class, Representative, and Collective Actions

The parties agree that any and all claims, disputes, or controversies that have arisen or may arise between you and us, including without limitation any and all federal or state claims based in statute, contract, tort, fraud, or any other legal or equitable theory, as well as any dispute concerning the validity, enforceability, or scope of this agreement to arbitrate ("Claim(s)"), shall be resolved exclusively through final, binding, and individual arbitration, and not in a court of law. This agreement shall not, however, require arbitration of (i) individual Claims brought in small claims court so long as the Claim remains in that court and proceeds only on an individual basis, or (ii) requests for injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

THERE IS NO JUDGE OR JURY IN ARBITRATION, DISCOVERY IS MORE LIMITED IN ARBITRATION THAN IN COURT, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD ON AN INDIVIDUAL BASIS THE SAME RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).

Individual arbitrations commenced pursuant to this agreement shall be conducted by the American Arbitration Association ("AAA") before a single arbitrator and shall be administered according to the AAA's Consumer Arbitration Rules (available at https://www.adr.org/Rules) in effect at the time the arbitration commences. For your convenience, the arbitration may be conducted in the city or county where you reside or at another location (including by remote or telephone means) that you and we mutually select. In the event of any conflict between the arbitration rules and these Terms, these Terms shall govern. If for any reason the AAA is unavailable, the parties shall meet and confer to select another neutral arbitration provider.

Each party is responsible for paying its share of any fees assessed by the arbitration provider and arbitrator. If, however, the value of the total relief sought in arbitration is $10,000 or less, you may ask us to consider advancing payment of your share of fees assessed by the arbitration provider and arbitrator, and we will consider the request in good faith. If the arbitrator determines that any Claim asserted by a party (including without limitation the damages or other relief requested) was frivolous or brought in bad faith, then the other party may seek to recover all attorneys' fees and costs incurred in connection with the arbitration of that Claim. Otherwise, each party will bear the fees and expense of respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.

Any arbitration will be confidential, and neither party may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

The parties agree that any arbitration between them shall be conducted only on an individual basis and not as a class, representative, or other collective action. Although the arbitrator can award on an individual basis the same relief as a court (including attorneys' fees), the arbitrator shall have no authority to award relief to anyone who is not a party to the arbitration. Nothing in this agreement to arbitrate shall prevent either party from participating in a class, representative, or other collective settlement or release of claims.

Unless the parties agree otherwise, the arbitrator may not consolidate, coordinate, or otherwise join together more than one individual arbitration under this agreement and may not preside over any such consolidated, coordinated, or joint proceeding. Each party agrees to not attempt to commence or join in any such consolidated, coordinated, or joint proceeding without the express consent of the other party. Notwithstanding anything else in this agreement to arbitrate, either party may ask a court to determine whether the other party has violated this prohibition on consolidated, coordinated, or joint proceedings, and may seek an order to enforce the terms of this prohibition.

You may opt out of this arbitration agreement within thirty (30) days of your first acceptance of the Terms by sending us a written notice, including your (i) full name; (ii) address, email, and phone number; and (iii) a clear statement of your intent to opt out. The notice shall be sent to: legal@davidprotein.com.

The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. To the extent state law applies, New York law (without regard to its choice of law provisions) shall govern. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. Your use of the Services may also be subject to other local, state, national, or international laws.

If any part of this agreement to arbitrate is deemed by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, the other parts of this agreement shall still apply. If a court decides that any part of this agreement to arbitrate is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then the parties agree that any dispute regarding entitlement to such relief (and only that relief) shall be severed from arbitration and may be litigated in court only after completion of arbitration. All other disputes subject to arbitration under this agreement shall proceed in arbitration pursuant to the terms of this agreement.

19.3 Waiver of Jury Trial

YOU AND DAVID PROTEIN EACH EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION. Notwithstanding the parties' decision to resolve all disputes through arbitration, we may bring an action in a state, provincial or federal court to protect our intellectual property rights. Seeking such relief shall not waive our right to arbitration under these Terms.

Section 20 - Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 21 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 22 - Assignment

You may not delegate, transfer or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you. These Terms will inure to the benefit of and will be binding upon each party's successors and permitted assigns.

Section 23 - Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 - Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Section 25 - Contact Information

Questions about these Terms or the Services should be sent to us by email at contact@davidprotein.com or by mail or telephone at the address posted below:

Linus Technology MergerSub, LLC (dba David Protein)
169 Madison Avenue, Suite 2523
New York, NY 10016
(646) 906-8955