Last updated June 18, 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.

SECTION 19 OF THESE TERMS CONTAINS A DISPUTE RESOLUTION PROCEDURE AND AN ARBITRATION AGREEMENT, INCLUDING MASS ARBITRATION PROCEDURES AND 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 WE CAN BRING DISPUTES AGAINST ONE ANOTHER. 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.

Satisfaction Guarantee & Refund Policy

We stand behind our products. If for any reason you are not satisfied with a David Protein product purchased from davidprotein.com, our 45-Day Satisfaction Guarantee entitles you to a replacement product, an exchange for a different product, or a refund. Full details, eligibility requirements, and claim instructions are available on our Satisfaction Guarantee page.

To initiate a Satisfaction Guarantee claim, contact us at contact@davidprotein.com within 45 days of your original purchase. In certain circumstances, you may be asked to return your order to the following address: 345 Hudson St, Floor 15, New York, NY 10014.

The Satisfaction Guarantee applies only to products purchased directly from davidprotein.com by purchasers in the United States. It does not apply to wholesale orders. For wholesale support, please contact wholesale@davidprotein.com.

All Satisfaction Guarantee claims are subject to the terms and conditions set forth on our Satisfaction Guarantee page, which David Protein may amend or terminate at any time.

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"):

(a) 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.

(b) Promotions cannot be combined.

(c) 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.

(d) Promotions can be redeemed only through the Services toward the purchase of products available thereon. They cannot be applied to any orders previously placed.

(e) Promotions are non-transferable and may not be returned or redeemed for cash (except as required by law).

(f) To redeem a Promotion you must click the promotional link before purchase. Additional restrictions may apply, as indicated at the time of issuance.

(g) All remaining balances exceeding the value of your Promotion must be paid by another acceptable form of payment.

(h) 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.

(i) Sales tax and shipping charges are applicable to any items purchased with a Promotion.

(j) 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:

i. Open multiple accounts, including with different email addresses or other information; or

ii. Use false names, impersonate other people, or otherwise provide false or misleading information about you to us.

(k) 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 and agree to 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: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) 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; (v) 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; and (vi) 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 - Arbitration Agreement; Mass Arbitration Procedures; Class Action Waiver; Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH DAVID PROTEIN AND IT LIMITS THE MANNER IN WHICH YOU AND WE CAN SEEK RELIEF.

To the fullest extent permissible by law, with the exception of disputes pertaining to David Protein's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and us arising under or related to these Terms, including, without limitation, disputes arising as a result of: your visit(s) to or use of the Services; any purchase, transaction, or other interaction with David Protein (including, without limitation, claims relating to David Protein's advertisements, pricing, and disclosures; e-mail, SMS or other messages sent by David Protein; or David Protein's collection, processing or retention of your information) (a "Dispute") shall be resolved through binding arbitration pursuant to these exclusive dispute resolution procedures (the "Arbitration Agreement"), except that either party may assert claims in small claims court.

19.1 30-Day Right to Opt-Out

You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to legal@davidprotein.com or by mail to Linus Technology MergerSub, LLC (dba David Protein), Attn: Legal, 169 Madison Avenue, Suite 2523, New York, NY 10016 (the "Notice Address"). The notice must be sent within 30 days of the date posted at the top of these Terms or your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt out of the Arbitration Agreement, David Protein also will not be bound by the Arbitration Agreement with respect to disputes brought by you, and you and David Protein may exercise your right to trial by judge, as permitted by applicable law. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of these Terms and you agree to be bound by all other provisions of these Terms, which shall remain in effect as allowable by law.

19.2 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 30 days after receipt of a written notice pursuant to this provision (or within 30 days of the conference, if one is requested by the party receiving notice), 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. Any applicable statute of limitations will be tolled while the parties engage in the pre-dispute resolution provided in this section.

The Pre-Arbitration Dispute Resolution procedure in this Section is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding, unless exempted by law. Notwithstanding anything to the contrary in this Arbitration Agreement, a court of competent jurisdiction shall have authority to enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

19.3 Arbitration Procedure

If informal resolution fails, then either party may initiate binding arbitration as the sole means to resolve Disputes (except as otherwise provided herein) subject to the JAMS Comprehensive Arbitration Rules & Procedures (the "JAMS Rules") then in effect as modified by (i) the terms set forth below and (ii) the Mass Filings provisions below. The JAMS Rules are available at https://www.jamsadr.com.

This Arbitration Agreement supersedes any prior Arbitration Agreement entered by the parties and is applicable to unfiled claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.

The parties agree that this Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. To the maximum extent permitted by law, no effect shall be given to state laws concerning arbitration procedure.

WAIVER OF RIGHTS INCLUDING JURY TRIAL. YOU AND DAVID PROTEIN UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU AND DAVID PROTEIN FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES. YOU AND DAVID PROTEIN HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND DAVID PROTEIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER. YOU AND DAVID PROTEIN ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM.

With the exception of the paragraph titled "Class Arbitration and Collective Relief Waiver" above and the "Mass Filings" Section below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled "Class Arbitration and Collective Relief Waiver" and/or the "Mass Filings" Section are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor David Protein shall be entitled to arbitrate the dispute in question.

This provision does not prevent you or David Protein from participating in a class-wide settlement of claims.

19.4 Arbitration Location

The arbitration proceedings will presumptively be held via video- or telephone-conference unless (i) the arbitrator determines there is good cause to hold an in-person hearing or (ii) the parties agree otherwise. Except as otherwise provided in the "Mass Filings" Section or unless you and David Protein agree otherwise, in the event there is an in-person proceeding (a) if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state or (b) if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in New York, New York.

19.5 Arbitration Rules and Governing Law

Except as modified by this Arbitration Agreement including, if applicable, the "Mass Filings" Section below, JAMS will administer any arbitration in accordance with the JAMS Rules in effect at the time any demand for arbitration is filed with JAMS, excluding any rules or procedures permitting class or representative actions.

Except where prohibited by applicable law, the arbitrator shall apply the substantive law of the State of New York without giving effect to any law that would result in the application of the law of any other jurisdiction. You and David Protein agree that dispositive motions will be allowed in the arbitration.

If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and David Protein submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.

Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and David Protein (and each of the parties' authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

19.6 Form of Arbitration Demand

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party's identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to the Terms. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.

19.7 Arbitration Fees

Each party is responsible for its own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that JAMS has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under JAMS Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

19.8 Mass Filings

To increase the efficiency of administration and resolution of arbitrations, in the event 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable) against David Protein within reasonably close temporal proximity (a "Mass Filing"), the parties agree, subject to the provisions of this Mass Filings Section:

(A) to administer the Mass Filing in batches of 25 demands per batch (to the extent there are fewer than 25 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time;

(B) to designate one arbitrator for all demands in each batch;

(C) to accept applicable fees, including, without limitation, any related fee reduction determined by JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable) in its discretion;

(D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by David Protein and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and

(E) that the staged process of batched proceedings, with each set including 25 demands proceeding through filing, processing and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved.

If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS Rules and procedures for such selection and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the JAMS Rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.

You and David Protein agree to cooperate in good faith with each other and the arbitration provider or arbitrator to implement such a "batch approach" or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by JAMS in its discretion, for each batch of claims, as well as any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 25 cases too small for the prompt resolution of all filed claims, you and David Protein agree that JAMS may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than five) batches at a time as determined in the reasoned discretion of the JAMS procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a JAMS procedural arbitrator.

This "Batching" provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of JAMS Mass Arbitration Procedures & Guidelines or authorizing class arbitration of any kind.

The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a JAMS mediator selected from a group of five mediators proposed by JAMS, with David Protein and the remaining claimants' counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. David Protein, the remaining claimants and their counsel, and the mediator will then have 90 days (the "Mediation Period") from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either David Protein or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither David Protein nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process with all remaining batches consolidated and adjudicated concurrently.

19.9 Arbitrator's Authority and Arbitration Award

The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity subject as modified herein. The arbitrator has the right to impose sanctions in accordance with the arbitration provider's rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with this Arbitration Agreement or the Pre-Arbitration Dispute Resolution Process. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with these Terms, including, but not limited to, the paragraph titled "Class Arbitration and Collective Relief Waiver" and Section 17 "Limitation of Liability" as to the types and the amount of damages or other relief for which a party may be held liable.

Except for decisions in arbitrations that are joined together in a single batch, no arbitration award or decision will have any preclusive effect, except to preclude the same or similar claims and issues addressed by the award from being re-arbitrated between the same parties. Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

19.10 Changes to this Arbitration Agreement

David Protein will provide 30 days' notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Services after the 30th day, you agree that any unfiled claims of which David Protein does not have actual notice under the Pre-Dispute Resolution process are subject to the revised clause. If David Protein changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement via the procedures set forth in Section 19.1.

19.11 Class Action Waiver

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND DAVID PROTEIN THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

19.12 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