TERMS OF SERVICE AND RESEARCH-ONLY WAIVER AGREEMENT

Effective Date: May 25, 2026
Last Revised: May 25, 2026

This Agreement (the “Agreement”) sets forth the terms and conditions governing the use of the website located at protidehealth.com (the “Website”). By accessing or using the Website, you (the “User”) expressly agree to be bound by these terms. This Agreement constitutes a binding legal contract between the User and Protide Health Corporation, a corporation organized under the laws of the State of Delaware (“Protide Health,” “Company,” “we,” “us,” or “our”). If the User does not agree to these terms, the User must immediately cease all use of the Website.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A MANDATORY BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 14 THAT AFFECTS YOUR LEGAL RIGHTS.

This Agreement incorporates by reference the following policies, each of which is available on the Website and constitutes a binding part of this Agreement: (i) the Privacy Policy, which includes our SMS/Communications Consent Disclosure; and (ii) the Shipping and Returns Policy. In the event of a conflict between this Agreement and any incorporated policy, the terms of this Agreement shall control.

1. AMENDMENTS AND MODIFICATIONS

Protide Health reserves the right to amend, modify, or update any provision of this Agreement and any incorporated policy at any time and at its sole discretion. Material changes will be indicated by updating the “Last Revised” date at the top of this Agreement or the applicable policy. Protide Health may, but is not required to, provide additional notice of material changes via email or a conspicuous posting on the Website. Continued use of the Website following the posting of any amendments shall constitute the User’s acceptance of such changes. If the User does not agree with any modification, the User’s sole and exclusive remedy is to discontinue use of the Website. Notwithstanding the foregoing, material changes to Section 14 (Governing Law, Binding Arbitration, and Class Action Waiver), including any addition, modification, or removal of the arbitration agreement, the class action waiver, the batched arbitration procedures, the informal dispute resolution requirement, the opt-out provision, or the statute of limitations, shall not apply to any dispute that arose, or to the conduct that gave rise to any dispute that occurred, before the User has been provided affirmative notice of such change. Affirmative notice for purposes of this paragraph means (a) an email sent to the email address associated with the User’s account; (b) a conspicuous click-through notice presented at the User’s next sign-in or checkout; or (c) any other method reasonably calculated to provide actual notice to the User. Following affirmative notice of a material change to Section 14, the User shall have a renewed thirty (30) day opt-out window in accordance with Section 14.7.

2. DEFINITIONS

“In-Vitro Research” means scientific investigation conducted outside of a living organism, including but not limited to research performed in controlled laboratory environments such as test tubes, petri dishes, cell cultures, and other non-living experimental systems.

“Products” means all research compounds, peptides, chemicals, reference materials, reagents, solvents, and related items offered for sale through the Website.

“Research Use Only” or “RUO” means that Products are sold exclusively for in-vitro laboratory research purposes and are not intended, authorized, or approved for human or animal consumption, therapeutic use, diagnostic use, veterinary use, or any clinical application whatsoever.

“Certificate of Analysis” or “COA” means a document issued by an independent third-party analytical laboratory confirming the identity, purity, and composition of a specific batch of Product through methods including but not limited to High-Performance Liquid Chromatography (HPLC) and Mass Spectrometry (MS).

“Qualified Purchaser” or “Qualified Researcher” or “Researcher” means an individual who is at least twenty-one (21) years of age, who has affirmatively acknowledged the Researcher Acknowledgment at checkout in connection with the User’s order, and who represents and warrants that they possess the knowledge, training, and/or facilities necessary to safely handle, store, and dispose of research compounds in accordance with applicable law and recognized laboratory safety standards.

“Safety Data Sheet” or “SDS” means a document providing safety, handling, storage, and disposal information for a chemical product, in accordance with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) and OSHA Hazard Communication Standard (29 CFR 1910.1200).

“Protide Parties” means, collectively, Protide Health Corporation and each of its parent entities, subsidiaries, affiliates, successors, assigns, and each of their respective officers, directors, shareholders, members, managers, employees, contractors, agents, representatives, licensors, and service providers. Each Protide Party is an intended third-party beneficiary of this Agreement and may enforce the rights, defenses, and protections of this Agreement in its own name as if it were a party hereto.

3. PRODUCT INTENDED USE, REGULATORY STATUS, AND COMPLIANCE

3.1 Research Use Only Designation

All Products offered on the Website are designated as Research Use Only (RUO). Products are intended exclusively for in-vitro laboratory research conducted by Qualified Purchasers in appropriate controlled settings. Products are not drugs, medications, dietary supplements, food additives, cosmetics, household chemicals, veterinary products, or any form of therapeutic, diagnostic, or clinical intervention. No Product is sold or intended for any use involving human or animal subjects.

3.2 FDA Regulatory Status and Compounding Disclaimer

Products sold through the Website have not been evaluated, tested, or approved by the United States Food and Drug Administration (FDA) for the prevention, treatment, diagnosis, mitigation, or cure of any disease, disorder, condition, or medical state. Nothing stated on this Website, in marketing materials, product descriptions, educational content, research summaries, email communications, social media content, or any other Protide Health communication shall be construed as a claim that any Product can prevent, treat, diagnose, mitigate, or cure any disease or medical condition. All scientific and educational content provided by Protide Health references published, peer-reviewed research and is provided for informational purposes only.

Protide Health is a specialized chemical supplier and is not a compounding pharmacy operating under Section 503A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 353a), nor is it an outsourcing facility as defined under Section 503B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 353b). Protide Health does not compound, mix, prepare, or dispense medications, prescriptions, or any products intended for therapeutic administration to humans or animals.

Protide Health does not market, describe, advertise, or represent any Product by reference to, or as the equivalent of, comparable to, or substitutable for any drug approved or regulated under the Federal Food, Drug, and Cosmetic Act. The User shall not represent, describe, advertise, market, or resell any Product in any such manner in any communication, channel, or medium.

3.3 Prohibited Uses

The User is strictly prohibited from:

• (a) Using, administering, injecting, ingesting, inhaling, applying topically, or otherwise introducing any Product into or onto any human or animal body;
• (b) Using any Product as a drug, medication, supplement, food additive, cosmetic ingredient, or for any therapeutic, diagnostic, veterinary, or clinical purpose;
• (c) Reselling, relabeling, repackaging, or redistributing any Product in a manner that misrepresents its intended use, regulatory status, or origin;
• (d) Marketing, advertising, or promoting any Product with claims of therapeutic, diagnostic, or medical benefit;
• (e) Using any Product in violation of any applicable federal, state, or local law, regulation, or ordinance;
• (f) Providing any Product to any individual under the age of twenty-one (21).
• (g) Reselling, redistributing, transferring, supplying, or otherwise providing any Product, in whole, in part, or in any reconstituted or compounded form, to: (i) any compounding pharmacy, 503A pharmacy, or 503B outsourcing facility; (ii) any physician, dentist, veterinarian, nurse practitioner, physician assistant, registered nurse, licensed practical nurse, pharmacist, pharmacy technician, naturopath, chiropractor, athletic trainer, or other licensed or unlicensed healthcare provider; (iii) any telehealth platform, telemedicine service, online prescriber, or direct-to-consumer prescribing entity; (iv) any medical spa, wellness clinic, anti-aging clinic, hormone clinic, longevity clinic, IV therapy provider, or similar facility; (v) any consumer, patient, athlete, or end user for personal administration; or (vi) any party where the User knows, or reasonably should know, the Product is intended for human or animal administration;
• (h) Combining, mixing, compounding, reconstituting, dissolving, formulating, or otherwise adulterating any Product, in whole or in part, with any solvent, diluent, excipient, preservative, or other substance for the purpose of, or with the foreseeable effect of, preparing the Product for administration to any human or animal; provided that nothing in this subsection prohibits the bona fide use of analytical solvents, including without limitation HPLC-grade water, acetonitrile, or methanol, for in-vitro laboratory characterization.

3.4 User Representations Regarding Purchase and Use

By purchasing or ordering any Product, the User represents and warrants that:

• The User is purchasing Products solely for legitimate in-vitro laboratory research purposes;
• The User possesses the knowledge, training, and/or facilities necessary to safely handle, store, and dispose of research compounds;
• The User will comply with all applicable federal, state, and local laws and regulations governing the purchase, possession, storage, handling, transportation, use, and disposal of such Products;
• The User will not use any Product for human or animal consumption or for any purpose other than in-vitro research;
• The User is at least twenty-one (21) years of age;
• The User shall handle all Products in accordance with the User’s institutional safety program, all Safety Data Sheets (SDS) the User identifies as applicable to each Product, and good laboratory practices.
• The User accepts sole responsibility for verifying the legal status of each Product in the User’s state of residence and state of receipt prior to placing any order, and acknowledges that the regulatory classification of research compounds may change over time;
• The User acknowledges that Protide Health does not provide legal advice regarding the regulatory status of any Product and that any informational content on the Website regarding regulatory status reflects Protide Health’s good-faith understanding at the time of publication and is not a guarantee of current legal status in any specific jurisdiction.
• The User is not purchasing any Product on behalf of, or for the benefit of, any party identified in Section 3.3(g), is not a licensed or unlicensed healthcare provider purchasing for patient use, and is not affiliated with or acting as an agent of any compounding pharmacy, outsourcing facility, telehealth platform, medical spa, or similar entity.
• The User warrants that the User will not introduce, cause to be introduced, or deliver for introduction into interstate commerce any Product in a form that is adulterated or misbranded within the meaning of Sections 402, 403, 501, 502, 505, or 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sections 342, 343, 351, 352, 355, 360b), and will not cause any Product to be subject to the new drug, new animal drug, or unapproved drug provisions of the Federal Food, Drug, and Cosmetic Act through the User’s handling, repackaging, relabeling, reformulation, combination, or distribution of the Product. The User further warrants that any Product the User receives is, and will remain, used solely in compliance with the Toxic Substances Control Act (15 U.S.C. Section 2601 et seq.) and any other applicable chemical-inventory or chemical-control law.

The User represents and warrants that any purchase from Protide Health is for the User’s in-vitro laboratory research and not for the administration of any item to a human or animal. The User shall not represent, advertise, market, resell, or combine any item purchased from Protide Health as or for use as a compounded medication, finished dosage form, preparation, or assembly intended for human or animal administration.

The User’s representations in this Section 3.4 are continuing representations that are deemed repeated each time the User places an order through the Website. A material misrepresentation under this Section constitutes grounds for immediate cancellation of any pending order, permanent termination of the User’s account, forfeiture of any pending refunds, and pursuit of all other remedies available to Protide Health under this Agreement and applicable law.

3.4A Researcher Acknowledgment at Checkout

In addition to the representations in Section 3.4, the User must affirmatively acknowledge a Researcher Acknowledgment at checkout in order to complete any order. The Researcher Acknowledgment requires the User to confirm, by checking a designated checkbox or completing an equivalent affirmative action, that: (a) the User is at least twenty-one (21) years of age; (b) the User is purchasing the Products solely for legitimate in-vitro laboratory research; (c) the User will not administer the Products to any human or animal; and (d) the User has read and agrees to the Terms of Service, Privacy Policy, and Shipping and Returns Policy. Protide Health will retain a record of each User’s completion of the Researcher Acknowledgment, including timestamp and IP address, as part of its order record. An order placed without completion of the Researcher Acknowledgment is voidable by Protide Health at its sole discretion.

3.5 Right to Refuse Sale

Protide Health reserves the sole and absolute right to refuse, cancel, or limit any sale or order at its discretion, including but not limited to circumstances where Protide Health reasonably believes that Products may be used for purposes inconsistent with their RUO designation. Protide Health may request additional documentation or verification from any User regarding the intended use of Products prior to fulfilling an order. Protide Health further reserves the right to restrict or refuse fulfillment to any individual who does not meet our criteria for Qualified Purchasers.

3.6 Regulatory Compliance Cooperation

Protide Health cooperates fully with all lawful requests from federal, state, and local regulatory agencies, including the FDA, DEA, FTC, and state pharmacy boards. In the event that any regulatory authority determines that a Product should be reclassified, restricted, or removed from sale, Protide Health will comply with such determination. The User acknowledges that the regulatory status of research compounds may change and agrees that none of the Protide Parties shall be liable for any losses or damages arising from regulatory changes that affect the availability, classification, or legality of any Product.

3.7 Prohibition on Human-Use Claims and Content

The User agrees that they will not post, publish, submit, or transmit any content on Protide Health’s owned, operated, or authorized channels, including the Website, Protide Health social media accounts (Instagram, TikTok, Facebook, YouTube, X/Twitter, and any other Protide Health account on a current or future platform), product review sections, comment sections, or any communication directed to or hosted by Protide Health, that:

• Discusses, promotes, encourages, implies, or suggests human or animal consumption, injection, ingestion, inhalation, topical application, or any other form of administration of any Product;
• Includes dosing protocols, reconstitution instructions, cycle schedules, stacking protocols, or administration guidance intended for human or animal use;
• Contains before-and-after claims, personal testimonials, or anecdotal reports implying therapeutic, medical, cosmetic, or performance-enhancing results from human or animal use of any Product; or
• Attributes any health outcome, physical change, or therapeutic benefit to the use of any Product on humans or animals.

Protide Health reserves the right to remove, edit, or refuse to publish any content on its owned, operated, or authorized channels without notice and for any reason, including a violation of this Section. Users who post content in violation of this Section may have their accounts terminated and be refused future sales at Protide Health’s sole discretion.

3.8 Sanctions and Export Compliance

The User represents and warrants that the User is not, and is not acting on behalf of, any individual or entity that is: (a) located in, organized under the laws of, or ordinarily resident in any country or territory that is the subject of comprehensive U.S. sanctions; (b) listed on the U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce Bureau of Industry and Security Denied Persons List or Entity List, or any other applicable sanctions or restricted-party list maintained by the U.S. or any other government; or (c) otherwise prohibited from receiving goods or services under applicable U.S. law.

Protide Health reserves the right, at its sole discretion and without notice or liability, to screen any User, order, or payment against applicable sanctions and restricted-party lists, and to refuse, cancel, hold, or reverse any order that returns a positive match or that Protide Health reasonably believes presents a sanctions or export-control risk. A material misrepresentation under this Section constitutes grounds for immediate termination of the User’s account and forfeiture of any pending refunds.

3.9 Voluntary Recalls and Product Withdrawals.

Protide Health reserves the right to initiate a voluntary recall, withdrawal, or stop-sale of any Product or batch at its sole discretion based on, without limitation, quality-control findings, supplier issues, third-party testing results, or commercial considerations. In the event of a recall or withdrawal, Protide Health will: (a) notify affected Users by email to the address associated with the order or, where no email is available, by other reasonable means; (b) post a notice on the Website; and (c) provide instructions for return, disposal, or destruction of the affected Product. Eligible Users will receive a refund or replacement as specified in the recall notice, which will be the User’s sole and exclusive remedy in connection with the recall. Compliance with recall instructions is a condition of any refund or replacement.

4. PAYMENT TERMS AND PROCEDURES

4.1 Accepted Payment Methods

All financial transactions conducted through the Website shall be remitted to Protide Health Corporation. Payments must be completed via approved payment gateways, which may include credit card, debit card, cryptocurrency, or other methods as made available on the Website. By submitting payment, the User authorizes Protide Health and its third-party payment processors to charge the selected payment method for the total amount of the order, including applicable shipping fees and taxes.

4.2 Finality of Payment

Upon the User’s selection of the “Place Order” button (or equivalent), the payment process shall be deemed initiated and the User’s order shall be considered placed. Manual payment methods may require secondary verification, and orders paid via these methods will not be processed until funds have been received and cleared. The User is responsible for ensuring the accuracy of all payment and billing information provided at checkout.

4.3 SMS/Text Message Communications

By placing an order and providing a mobile phone number at checkout, the User expressly consents to receive automated SMS messages from Protide Health and its payment and fulfillment providers relating to the User’s transaction, including One-Time Password (OTP) verification, payment authentication, and order, shipping, and delivery notifications (“Transactional Messages”). Transactional consent is required to complete an order. Protide Health does not send marketing or promotional SMS messages based on the consent above. Marketing SMS, if offered, requires a separate prior express written consent obtained through a stand-alone opt-in that identifies Protide Health Corporation as the sender, states that marketing consent is not a condition of purchase, discloses message frequency, and explains how to opt out. The User may reply STOP to opt out of any SMS message and HELP for assistance. Message and data rates may apply. Additional details are set forth in Section 8 of our Privacy Policy, which is incorporated into this Agreement by reference.

4.4 Pricing, Description, and Availability Errors

Protide Health makes commercially reasonable efforts to ensure the accuracy of all pricing, product descriptions, images, specifications, and availability information on the Website. Despite these efforts, errors may occur, including typographical errors, pricing errors, image errors, and inventory errors. Protide Health reserves the right, at its sole discretion and without liability, to refuse, cancel, reverse, or modify any order resulting from such an error, even after the User has received an order confirmation or after payment has been processed. In the event of a cancellation under this Section, the User’s sole and exclusive remedy is a full refund of any amount actually charged for the affected Product. Protide Health is not obligated to honor any order placed at an erroneous price, even if a confirmation email or other transactional communication was sent.

4.5 Taxes

Prices displayed on the Website do not include sales, use, excise, value-added, or similar taxes (“Taxes”) unless expressly stated. Protide Health will collect and remit Taxes in jurisdictions where it has a legal obligation to do so. Where Protide Health does not collect Taxes on a sale, the User is solely responsible for self-assessing and remitting any applicable use tax or similar tax to the relevant taxing authority in the User’s jurisdiction of receipt. Protide Health is not responsible for advising the User on the User’s tax obligations.

4.6 Cryptocurrency Payments

Cryptocurrency payments, where accepted, are processed only in the digital currencies and through the wallets or payment processors listed at checkout. The User is solely responsible for sending the correct cryptocurrency, in the correct amount, to the correct address; transactions sent to an incorrect address, in the incorrect amount, or in an unsupported currency cannot be recovered or refunded by Protide Health. Orders paid in cryptocurrency will not be fulfilled until the required number of network confirmations has been received. Any refund of a cryptocurrency payment will be issued, at Protide Health’s election, either in the same cryptocurrency originally received or in U.S. dollars calculated at the prevailing exchange rate at the time of the original transaction. The User assumes all risk of price volatility, network fees, and confirmation delays.

5. SALES POLICY, RETURNS, AND CHARGEBACK POLICY

The terms of this Section are supplemented by and should be read in conjunction with our Shipping and Returns Policy, which provides additional detail on shipping procedures, return eligibility, and the claims process.

5.1 All Sales Final

Due to the specialized nature of our in-vitro research Products, the strict regulatory guidelines governing them, and the inability to verify the integrity of returned research compounds, all sales conducted through the Website are final. No returns, refunds, or exchanges shall be accepted except in the limited circumstances described in our Shipping and Returns Policy, specifically: (i) Protide Health shipped the incorrect Product; or (ii) the Product arrived with demonstrable physical damage or defect that is documented in accordance with this Section.

A valid claim under (i) or (ii) requires all of the following: (a) submission of the claim to support@protidehealth.com within seven (7) calendar days of carrier-confirmed delivery; (b) the User’s order number; (c) clear, time-stamped photographs taken within twenty-four (24) hours of delivery showing (1) the exterior of the shipping package with the shipping label visible, (2) the interior packaging in its received state, and (3) the affected Product in its received state; (d) the Product retained in its original packaging and not opened, used, reconstituted, or otherwise disturbed beyond what is reasonably necessary to identify the issue; and (e) the User’s cooperation in returning the Product to Protide Health at Protide Health’s expense if requested for inspection.

The following are expressly excluded from any claim and are the sole responsibility of the User: (1) damage, degradation, or contamination caused by storage conditions, temperature exposure, or handling after the package is signed for, left at the shipping address, or otherwise made available to the User by the carrier; (2) packages refused, returned to sender, or undeliverable due to incorrect or incomplete shipping information provided by the User; (3) packages reported as delivered by the carrier but claimed not received, except where the User has cooperated with a carrier investigation and provided a signed carrier loss confirmation; (4) claims based on subjective product performance, expected results, or fitness for any particular use; and (5) any claim that does not satisfy the documentation requirements above.

Where a claim is approved, Protide Health will, at its sole election, provide either a refund of the amount actually paid for the affected Product or a one-time replacement of the affected Product. This is the User’s sole and exclusive remedy.

Notice to California Consumers Pursuant to California Civil Code § 1723. The return and refund policy stated in this Section 5.1 and in the Shipping and Returns Policy is the policy of Protide Health for all sales to California residents. Protide Health does not offer cash refunds, store credit, or exchanges except as expressly stated in this Section and in the Shipping and Returns Policy.

5.2 Anti-Chargeback and Fraud Policy

Filing a fraudulent, frivolous, or bad-faith chargeback or payment dispute with a credit card issuer, bank, or payment processor without first contacting Protide Health at support@protidehealth.com to attempt resolution constitutes a material breach of this Agreement. In the event of an unjustified chargeback, Protide Health reserves the right to:

• Dispute the chargeback and provide all relevant transaction documentation, delivery confirmation, and communication records to the payment processor;
• Permanently ban the User from future purchases on the Website;
• Refer the matter to collections agencies for recovery of the order amount plus any fees, costs, penalties, or administrative charges incurred by Protide Health as a result of the chargeback;
• Report the User’s information to applicable fraud prevention databases and high-risk e-commerce registries.

Users experiencing any issue with an order are strongly encouraged to contact support@protidehealth.com before initiating a dispute through their financial institution.

6. SHIPPING POLICY

6.1 Domestic Shipping Only

Protide Health ships exclusively within the United States. We do not accept or fulfill international orders. Full details regarding shipping methods, processing times, free shipping eligibility, carrier liability, and address accuracy requirements are set forth in our Shipping and Returns Policy, which is incorporated into this Agreement by reference. Title to Products passes to the User upon Protide Health’s tender of the package to the shipping carrier. Risk of loss for Products remains with Protide Health until the package is delivered to the shipping address provided by the User at checkout, at which point risk of loss passes to the User. The User’s sole and exclusive remedy for loss of, or damage to, a Product occurring in transit before delivery is the limited refund or replacement set forth in Section 5.1 and the Shipping and Returns Policy, subject to the claim window and documentation requirements specified therein.

6.2 State-Specific Restrictions

Protide Health reserves the right, at its sole discretion, to restrict, suspend, or refuse the sale or shipment of any Product to any U.S. state, territory, or jurisdiction at any time, including in response to changes in state law, regulatory guidance, enforcement priorities, or other factors Protide Health deems material. A list of any currently restricted states or jurisdictions, and any Product-specific restrictions, will be maintained on the Website and may be updated at any time without prior notice. The User is solely responsible for verifying that the purchase, receipt, and possession of any Product is lawful in the User’s state of residence and state of receipt at the time of order. None of the Protide Parties shall be liable for any losses or damages, including but not limited to delivery delays, order cancellations, or forfeited payments, arising from compliance with state-specific restrictions.

6.3 No Reshipment or Mail Forwarding

The User represents and warrants that the shipping address provided for any order is the User’s final destination address for the Product and is not a mail-forwarder, freight-forwarder, parcel-forwarding service, package-consolidation service, or any other intermediary service used to redirect, re-export, or re-ship the Product, including any such redirection that would result in the Product being delivered outside the United States. Any order found to be shipping to a forwarder address, or any order Protide Health reasonably believes is intended for redirection or re-export, may be cancelled by Protide Health without notice, and the User may forfeit any associated refund. Use of a forwarder address or any attempt to re-export any Product outside the United States constitutes a material breach of this Agreement and may be reported by Protide Health to the U.S. Bureau of Industry and Security, U.S. Customs and Border Protection, or other applicable authorities.

7. INTELLECTUAL PROPERTY AND WEBSITE USE

7.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, images, photographs, data compilations, software, product names, code names, trademarks, service marks, trade dress, and the overall design, selection, and arrangement of the Website, is the property of Protide Health Corporation or its licensors and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. The Protide Health name, logo, and all related product names, code names, and trade designations are trademarks or trade names of Protide Health Corporation (collectively, the “Protide Marks”). Protide Health’s proprietary supplier relationships, sourcing arrangements, internal quality-control and analytical-testing methodologies, and other non-public business information constitute trade secrets of Protide Health Corporation. Product names, code names, and other trade designations used by Protide Health are arbitrary identifiers selected solely to distinguish specific Products from one another. Such names do not represent, imply, suggest, guarantee, or constitute any claim of therapeutic, physiological, cosmetic, performance, weight, cognitive, anti-aging, recovery, or other effect, benefit, or intended use, and shall not be construed as drug claims, health claims, structure-function claims, or any other regulated representation under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.), the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), or any equivalent state or foreign law. All Products, regardless of name, are sold solely as Research Use Only (RUO) materials for in-vitro laboratory research, as set forth in Section 3 of this Agreement. The User acknowledges that they have not relied on any product name, code name, or trade designation as an indication of any effect, benefit, or fitness for any particular use. The User shall not use any Protide Mark in any commercial communication, advertising, endorsement, or promotional material without Protide Health’s prior written authorization, and all rights in the Protide Marks are reserved.

7.2 Limited License

Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. Users are strictly prohibited from altering, distributing, transmitting, reproducing, publishing, licensing, creating derivative works from, reverse engineering, transferring, or selling any information, Products, or services obtained or viewed on the Website without the express prior written consent of Protide Health. Users may display, download, or print hard copies of Website materials solely for personal, non-commercial reference purposes, provided that such materials remain unaltered and all proprietary notices are preserved. This license does not include the right to use any data mining, robots, scraping, or similar data-gathering or extraction tools on the Website.

7.3 DMCA Notice and Takedown

Protide Health respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that any content on the Website infringes upon your copyright, please submit a written notification to our designated DMCA agent at support@protidehealth.com containing: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material and its specific location on the Website; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; (e) a statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf; and (f) the physical or electronic signature of the copyright owner or authorized agent.

7.4 User-Generated Content and License Grant

The User may have the ability to submit, post, upload, or transmit content to the Website or to any Protide Health social media account, customer communication channel, review section, comment section, or other Protide Health platform, including product reviews, ratings, comments, photographs, videos, testimonials, and other materials (collectively, “User Content”).

By submitting any User Content, the User grants to Protide Health Corporation and its affiliates, successors, assigns, and licensees a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, translate, create derivative works of, publish, perform, display, distribute, and otherwise exploit such User Content, in whole or in part, in any form, medium, or technology now known or later developed, for any purpose, including without limitation marketing, advertising, promotional, and commercial purposes, with or without attribution to the User.

The User represents and warrants that: (a) the User owns or otherwise controls all rights necessary to grant the license set forth in this Section; (b) the User Content does not infringe, misappropriate, or violate any third party’s intellectual property, privacy, publicity, or other rights; (c) the User Content complies with all applicable laws and with this Agreement, including without limitation the prohibitions in Sections 3.7 and 13; and (d) the User has obtained all necessary consents and releases from any identifiable individuals or rights-holders depicted in the User Content. To the maximum extent permitted by applicable law, the User waives any moral rights, rights of attribution, and similar rights the User may have in the User Content.

Protide Health is under no obligation to use, display, or retain any User Content and may, at its sole discretion and without notice, remove, edit, refuse to publish, or take down any User Content for any reason.

The User further represents and warrants that any review, rating, testimonial, or endorsement submitted as User Content (i) reflects the User’s honest opinion, findings, beliefs, or experience; (ii) was not purchased, solicited in exchange for compensation or free product, generated wholly or in part by artificial intelligence, or otherwise incentivized without clear and conspicuous disclosure of the material connection; (iii) is not posted by the User on behalf of any officer, employee, or agent of a competitor; and (iv) complies with the Federal Trade Commission’s Rule on the Use of Consumer Reviews and Testimonials, 16 CFR Part 465, and the FTC Endorsement Guides, 16 CFR Part 255. Protide Health may remove any User Content that does not comply with this Section and may report material violations to applicable authorities.

7.5 Feedback

Any suggestions, ideas, enhancement requests, recommendations, comments, or other feedback the User submits to Protide Health concerning the Website, the Products, the Services, marketing materials, packaging, or any other aspect of Protide Health’s business (collectively, “Feedback”) is provided on a non-confidential and non-proprietary basis. The User irrevocably assigns to Protide Health all right, title, and interest in and to all Feedback, including all intellectual property rights therein, and Protide Health is free to use, disclose, reproduce, modify, license, distribute, and exploit the Feedback for any purpose, commercial or otherwise, without compensation, credit, or attribution to the User. The User waives any moral rights in the Feedback to the maximum extent permitted by applicable law.

7.6 Authorized Channels and Counterfeit Products

Protide Health Products are sold exclusively through protidehealth.com and any other channels expressly authorized in writing by Protide Health. Products obtained from any other source, including unauthorized resellers, marketplace listings, social media sellers, or peer-to-peer transactions, are not warranted as genuine, are not eligible for any refund, replacement, claim, or Certificate of Analysis (COA) verification by Protide Health, and may be counterfeit. Protide Health reserves all rights against any party manufacturing, distributing, marketing, or selling counterfeit products bearing Protide Health trademarks or trade dress, including injunctive relief and damages under federal and state law.

8. EDUCATIONAL AND INFORMATIONAL CONTENT DISCLAIMER

The Website may contain educational articles, research summaries, blog posts, product descriptions, email newsletters, social media posts, and other informational content relating to peptides, research compounds, and scientific topics. All such content is provided for general educational and informational purposes only and does not constitute medical advice, health advice, therapeutic recommendations, dosing guidance, treatment protocols, or a substitute for professional medical consultation, diagnosis, or treatment. Content referencing scientific studies, peer-reviewed research, or published findings is presented solely for informational purposes and should not be interpreted as an endorsement, recommendation, or suggestion of any particular use of any Product for humans or animals.

Protide Health does not provide medical advice. No physician-patient, provider-client, pharmacist-patient, or similar professional relationship is created by the use of this Website, the reading of any Protide Health content, or any communication with Protide Health personnel. Users should consult a qualified, licensed healthcare professional for any health-related questions, concerns, or decisions. Protide Health employees and representatives are not licensed medical professionals and are prohibited from providing medical advice, dosing recommendations for human use, or therapeutic guidance. Protide Health is not a covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA), 45 CFR Parts 160 and 164. No information the User provides to Protide Health constitutes protected health information (PHI), and no communication between the User and Protide Health is subject to HIPAA’s privacy or security protections.

No content provided by or referenced by Protide Health, including without limitation content on the Website, in product listings, on Certificates of Analysis, or on any external website, database, or other external source that Protide Health links to, cites, or references in any communication, channel, or medium, constitutes any direction, instruction, recommendation, protocol, or guidance of any kind for the use of any Product on or in any human or animal, and no such content represents Protide Health’s quality system, manufacturing controls, or warranty regarding any Product after delivery to the User. Any references in such content to research observations or compound characteristics describe information from third-party published scientific literature provided solely for general scientific reference by Qualified Researchers, and are not Protide Health’s recommendations, directions, or instructions. The User expressly acknowledges that the User has not relied, and shall not rely, on any such content as a basis for administering any Product to any human or animal, and the User assumes sole responsibility for any handling, processing, storage, use, or disposal of any Product after delivery.

9. AGE VERIFICATION AND ELIGIBILITY

Users must be at least twenty-one (21) years of age to access or use the Website and to purchase Products. By accessing the Website, creating an account, or placing an order, the User affirmatively represents and warrants that they are at least twenty-one (21) years of age. Protide Health reserves the right to request proof of age or identity at any time and to cancel any order, refuse fulfillment, or terminate any account where the User is determined to be or is reasonably suspected of being under twenty-one (21) years of age. Misrepresentation of age constitutes a material breach of this Agreement and may result in immediate termination of the User’s access to the Website and forfeiture of any pending orders without refund.

10. ASSUMPTION OF RISK, LIMITATION OF LIABILITY, INDEMNIFICATION, AND ALLOCATION OF RISK FOR MISUSE

10.1 Assumption of Risk

The User acknowledges that research compounds, peptides, and chemical reagents are specialized products that may pose risks if improperly handled, stored, used, or disposed of. Without limiting Protide Health’s transit-period obligations under Section 6.1, the User assumes all risks associated with the receipt, storage, handling, use, and disposal of any Product after delivery to the User. The User acknowledges that none of the Protide Parties has any control over or assumes any responsibility for how Products are handled, stored, used, or disposed of by the User after delivery. The User agrees to handle all Products in accordance with applicable Safety Data Sheets, good laboratory practices, and all applicable regulations.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE PROTIDE PARTIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, THE PURCHASE OR USE OF ANY PRODUCT, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, PROPERTY DAMAGE, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, EVEN IF ANY PROTIDE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTIDE PARTIES, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR ANY PRODUCT EXCEED THE LESSER OF: (A) THE AMOUNT ACTUALLY PAID BY THE USER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED DOLLARS ($500.00). THIS CAP APPLIES IN THE AGGREGATE ACROSS ALL PROTIDE PARTIES AND ACROSS ALL CLAIMS, REGARDLESS OF THE THEORY OF LIABILITY OR THE NUMBER OF PROTIDE PARTIES NAMED IN ANY CLAIM.

If applicable law in the User’s jurisdiction prohibits or limits any provision of this Section 10.2, the affected provisions shall be applied to the maximum extent permitted by such law, and all other provisions of this Section shall remain in full force and effect.

10.3 Indemnification

The User agrees to indemnify, defend, and hold harmless Protide Health Corporation, its officers, directors, shareholders, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or relating to:

• The User’s purchase, possession, handling, storage, use, or disposal of any Product;
• The User’s breach of any representation, warranty, or obligation under this Agreement;
• The User’s violation of any applicable law, regulation, or ordinance;
• The User’s use of any Product for any purpose other than in-vitro laboratory research, including but not limited to any use involving human or animal subjects;
• Any claim by a third party arising from the User’s actions or omissions in connection with any Product;
• Any regulatory action, investigation, or proceeding arising from the User’s misuse of any Product or misrepresentation of a Product’s intended use.

10.4 Off-Label Use, Misuse, and Express Allocation of Risk for Personal Injury

The User expressly acknowledges, agrees, and warrants that:

(a) all Products are sold exclusively as Research Use Only (RUO) materials for in-vitro laboratory research and are not intended, authorized, or approved for human or animal use under any circumstance;

(b) any administration, injection, ingestion, inhalation, topical application, or other introduction of any Product into or onto a human or animal body constitutes a material breach of this Agreement and a use expressly prohibited by Sections 3.3, 3.4, and 3.4A;

(c) the User’s breach of Sections 3.3, 3.4, or 3.4A constitutes the sole, direct, proximate, and intervening cause of any bodily injury, illness, adverse health outcome, property damage, or death resulting from any off-label, human, or animal use of any Product, and any such injury or damage would not have occurred but for the User’s intentional breach of this Agreement;

(d) the User knowingly, voluntarily, and expressly assumes all risk of bodily injury, illness, adverse health outcome, property damage, or death arising from any off-label, human, or animal use of any Product, including risks that are unknown, unforeseeable, or known only to Protide Health;

(e) to the maximum extent permitted by applicable law, the User waives, releases, and forever discharges the Protide Parties from any and all claims arising from or related to any off-label, human, or animal use of any Product, including without limitation claims for negligence, strict products liability, breach of express or implied warranty, failure to warn, design defect, manufacturing defect, and any other tort, statutory, or equitable claim; and

(f) in the event any court or arbitrator declines to enforce the waiver in subsection (e) in whole or in part, the User’s intentional breach of this Agreement shall constitute conclusive evidence of the User’s primary fault and shall be applied under the comparative-fault, contributory-negligence, in pari delicto, unclean-hands, and intervening-cause doctrines of the User’s state of residence to bar or reduce the User’s recovery to the maximum extent permitted by such law.

Nothing in this Section shall be construed to waive any right that cannot lawfully be waived by contract under the User’s applicable law.

11. DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL PRODUCTS AND SERVICES OFFERED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROTIDE PARTIES DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE. THE PROTIDE PARTIES DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROTIDE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE. PRODUCT SPECIFICATIONS, DESCRIPTIONS, PRICING, AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT NOTICE.

While Protide Health strives to maintain the accuracy of Certificates of Analysis (COAs) and product specifications, the User acknowledges that analytical results represent a specific batch at a specific point in time and may not account for subsequent storage conditions, degradation, contamination, or other factors outside Protide Health’s control after delivery to the User or the shipping carrier.

Protide Health’s warranty and product specifications apply only to the Product as supplied at the time of delivery to the User. Protide Health makes no representation or warranty regarding the stability, potency, identity, purity, or fitness of any Product after the original packaging is opened or the Product is otherwise handled, stored, or prepared by the User or any third party. Any reference to storage conditions, shelf life, or stability data in published scientific literature describes conditions reported in that literature and is not Protide Health’s representation regarding any specific Product, batch, or user preparation.

12. PRIVACY AND DATA PROTECTION

The collection, use, disclosure, and protection of User personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy describes in detail: what information we collect and how; how we use, share, and protect that information; the User’s rights under the California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), and other applicable state privacy laws; our use of cookies and tracking technologies; and how Users may exercise their privacy rights or opt out of marketing communications. By using the Website, the User acknowledges that they have reviewed and agree to the terms of the Privacy Policy.

Children Under 13 and Eligibility. The Website is intended exclusively for Users who are at least twenty-one (21) years of age, as set forth in Section 9 (Age Verification and Eligibility). In addition, the Website is not directed to children under the age of thirteen (13), and Protide Health does not knowingly collect, use, or disclose personal information from any child under 13. If a parent or legal guardian becomes aware that a child under 13 has provided personal information to Protide Health, the parent or guardian may contact support@protidehealth.com to request deletion, and Protide Health will delete such information consistent with the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501 to 6506, and 16 CFR Part 312.

California, Colorado, Connecticut, Virginia, and other state residents have the right to opt out of the sale or sharing of their personal information and to limit the use of sensitive personal information. To exercise these rights, contact support@protidehealth.com. Additional details and the full list of rights are set forth in our Privacy Policy.

Protide Health maintains administrative, technical, and physical safeguards designed to protect User personal information. In the event of a security incident affecting User personal information, Protide Health will provide notice in accordance with applicable state and federal data-breach notification laws and the procedures set forth in the Privacy Policy.

13. ACCOUNT SECURITY AND USER CONDUCT

Users who create accounts on the Website are responsible for maintaining the confidentiality of their account credentials, including usernames and passwords. The User agrees to: (a) notify Protide Health immediately at support@protidehealth.com of any unauthorized use of their account or any other breach of security; (b) ensure they log out of their account at the end of each session; and (c) not share their account credentials with any third party. None of the Protide Parties shall be liable for any loss or damage arising from the User’s failure to safeguard their account credentials or from unauthorized access resulting from the User’s negligence.

The User further agrees not to:

• Use the Website for any unlawful, fraudulent, or malicious purpose;
• Upload, transmit, or distribute any malicious code, viruses, worms, or harmful content;
• Attempt to gain unauthorized access to any portion of the Website, its servers, systems, or networks;
• Interfere with or disrupt the proper functioning of the Website or the experience of other Users;
• Use automated tools, bots, scrapers, or similar technologies to access or collect data from the Website without express written permission;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Post, submit, or transmit any content on the Website or Protide Health social media accounts that discusses, promotes, implies, or encourages human or animal use of any Product, as further described in Section 3.7 of this Agreement.

13.5 Termination, Suspension, and Account Closure

(a) Termination by Protide Health. Protide Health may suspend or terminate the User’s access to the Website, cancel any pending order, and refuse future sales, at any time and at its sole discretion, with or without notice, for any breach of this Agreement, suspected fraud, sanctions or export-control concerns, regulatory risk, or any conduct Protide Health reasonably determines to be inconsistent with the RUO designation or the safety, integrity, or legal compliance of its business.

(b) Account Closure by User. The User may close their account at any time by contacting support@protidehealth.com. Closure does not affect orders already shipped, sales already final, or any obligations under this Agreement that survive termination.

(c) Effect of Termination. Upon termination or closure: (i) pending orders not yet fulfilled may be cancelled at Protide Health’s discretion; (ii) refunds, if any, will be processed in accordance with Section 5.1 and the Shipping and Returns Policy; (iii) the User’s right to access non-public areas of the Website ceases immediately; and (iv) all sections identified in Section 18.5 (Survival) continue in full force.

(d) Data Retention. Account data and order records will be retained and deleted in accordance with the Privacy Policy and applicable law, including any retention required for tax, regulatory, anti-fraud, or sanctions compliance purposes.

14. GOVERNING LAW, BINDING ARBITRATION, AND CLASS ACTION WAIVER

14.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute not subject to binding arbitration as set forth below shall be brought exclusively in the state or federal courts located in the State of Delaware, and the User irrevocably consents to the personal jurisdiction and venue of such courts.

14.2 Informal Dispute Resolution; Notice of Dispute Requirement

Before initiating any arbitration, lawsuit, or other formal proceeding against Protide Health, the User agrees to first attempt to resolve the dispute informally as set forth in this Section. Compliance with this Section is a condition precedent to filing any arbitration demand, lawsuit, or other formal proceeding.

The User must send a written Notice of Dispute to Protide Health by mail to the address listed in Section 20 (Legal Notices, Service of Process, and Notices of Dispute) and by email to support@protidehealth.com. The Notice of Dispute must include: (a) the User’s full legal name, mailing address, email address, and phone number; (b) the order number(s) and date(s) of the transaction(s) at issue, if any; (c) a clear description of the nature and basis of the claim or dispute; and (d) the specific relief sought, including the dollar amount of any monetary relief.

Upon receipt of a properly submitted Notice of Dispute, the parties shall negotiate in good faith for a period of sixty (60) calendar days to attempt to resolve the dispute (the “Informal Resolution Period”). The Informal Resolution Period may be extended by mutual written agreement. During the Informal Resolution Period, all applicable statutes of limitation and any contractual filing deadlines (including the limitations period set forth in Section 14.8) shall be tolled.

If the parties are unable to resolve the dispute within the Informal Resolution Period, either party may then initiate arbitration in accordance with Section 14.3. An arbitration demand or court filing made before the Informal Resolution Period has expired, or without first delivering a complete Notice of Dispute, shall be subject to dismissal, and the filing party shall be liable to the non-filing party for any fees, costs, and reasonable attorneys’ fees incurred in seeking dismissal.

For the avoidance of doubt, mass-coordinated demands described in Section 14.5 are subject to the same Notice of Dispute and Informal Resolution Period requirements, applied on a per-claimant basis.

14.3 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Website, or any Product, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s then-current consumer arbitration rules and any applicable mass arbitration supplement. The arbitration shall be conducted by a single neutral arbitrator in Wilmington, Delaware, or, at the User’s election for claims under $25,000, remotely via telephone or videoconference. The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own attorneys’ fees and costs unless the arbitrator determines that a claim or defense was frivolous, in which case the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party.

The arbitration agreement, class action waiver, and other dispute-resolution provisions in this Section 14 extend to, may be invoked by, and bind any claim, dispute, or controversy asserted by the User against any Protide Party, regardless of whether such Protide Party is a signatory to this Agreement. Each Protide Party is an intended third-party beneficiary of this Section 14 and may enforce it directly.

If the American Arbitration Association is unable, unavailable, or unwilling to administer the arbitration for any reason, including any refusal to administer the dispute under its then-current consumer rules, fee schedules, or mass arbitration policies, the arbitration shall instead be administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures and, where applicable, its Consumer Minimum Standards. If JAMS is likewise unable, unavailable, or unwilling to administer the arbitration, the parties shall mutually select a neutral arbitrator with no fewer than ten (10) years of experience in consumer commercial disputes; if the parties cannot agree within thirty (30) days, either party may petition the appropriate court in Wilmington, Delaware to appoint such an arbitrator under the Federal Arbitration Act, 9 U.S.C. Section 5. In every case, the substantive arbitration provisions of this Section 14 shall remain in full force and effect regardless of the identity of the administering forum.

14.4 Class Action Waiver

THE USER AGREES THAT ANY CLAIMS OR DISPUTES SHALL BE BROUGHT IN THE USER’S INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If the class action waiver in this Section is found unenforceable as to a particular dispute or claim, that specific dispute or claim shall be severed and litigated in court under Section 14.1, while the arbitration agreement and class action waiver shall remain in full force and enforceable as to all other disputes and claims.

14.4A Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE USER AND PROTIDE HEALTH IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR ANY PRODUCT, WHETHER SUCH ACTION IS BROUGHT IN A COURT OF COMPETENT JURISDICTION FOLLOWING A VALID OPT-OUT UNDER SECTION 14.7 OR OTHERWISE.

14.5 Batched Arbitration Procedures for Mass-Coordinated Demands

If twenty-five (25) or more substantially similar arbitration demands are filed against Protide Health within any rolling sixty (60) day period by Users represented by the same attorney, by attorneys acting in coordination, or as part of any common filing, marketing, or solicitation effort (collectively, “Mass Demands”), the following procedures shall apply, notwithstanding any conflicting provision of the rules of the administering arbitral forum:

(a) Bellwether Process. The Mass Demands shall be grouped into sequential batches of ten (10) cases each (each, a “Bellwether Batch”). Counsel for the claimants and Protide Health shall each select five (5) cases for the first Bellwether Batch within thirty (30) days of grouping. The Bellwether Batches shall be arbitrated sequentially before the same arbitrator, or before a small panel of arbitrators if agreed by the parties.

(b) Stay of Non-Bellwether Cases. All arbitration demands not included in the active Bellwether Batch shall be stayed, and all filing fees, administrative fees, and arbitrator compensation for the stayed cases shall be deferred and not owing by either party until the stay is lifted. The administering arbitral forum is directed to defer assessment of such fees pending completion of the Bellwether Process.

(c) Mediation Window. Following completion of the first Bellwether Batch, the parties shall participate in a single mediation, lasting no fewer than two (2) full business days, with a mediator mutually agreed upon by the parties, in an effort to globally resolve the remaining Mass Demands. The costs of the mediator shall be split equally between the parties.

(d) Sequential Adjudication. If global resolution is not reached following mediation, additional Bellwether Batches shall be arbitrated sequentially until either (i) the parties reach global resolution; or (ii) all Mass Demands have been adjudicated.

(e) Tolling. All statutes of limitations and contractual filing deadlines applicable to stayed Mass Demands shall be tolled for the duration of any stay imposed under this Section.

(f) Severability. If a court of competent jurisdiction or an arbitrator determines that any portion of this Section 14.5 is unenforceable as to a particular Mass Demand, the unenforceable portion shall be severed, and the remainder of Section 14 (including the Class Action Waiver in Section 14.4) shall remain in full force and effect.

This Section is intended to provide an orderly, cost-efficient procedure for resolving coordinated mass filings while preserving each party’s right to individualized adjudication of their claim.

14.6 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims that are within the scope of that court’s jurisdiction, provided that the action is not removed or transferred to a different court.

14.7 Opt-Out Right

The User may opt out of the binding arbitration agreement, the class action waiver, and the batched arbitration procedures set forth in this Section 14 by sending written notice to Protide Health Corporation at the address set forth in Section 20 (Legal Notices, Service of Process, and Notices of Dispute) within thirty (30) calendar days of either: (a) the User’s first acceptance of this Agreement; or (b) the User’s receipt of affirmative notice of any material change to this Section 14 as described in Section 1. Each material change to Section 14 triggers a new, independent thirty (30) day opt-out window for any User who was already bound by this Agreement at the time of the change. The opt-out notice must include the User’s full legal name, mailing address, email address, the email address associated with any Protide Health account, and a clear, unambiguous statement that the User wishes to opt out of the binding arbitration agreement and class action waiver contained in Section 14 of the Protide Health Terms of Service. Opt-out notices submitted by email to support@protidehealth.com containing the same required information shall also be accepted. If the User timely opts out, neither the User nor Protide Health will be bound by the arbitration provisions or the class action waiver with respect to that User, and disputes between the User and Protide Health will instead be resolved in accordance with Section 14.1 (Governing Law). The User’s opt-out shall not affect the enforceability of any other provision of this Agreement.

14.8 Statute of Limitations

The User agrees that any claim or cause of action arising out of or related to this Agreement, the Website, or any Product must be commenced within two (2) years after the claim or cause of action accrued, except where prohibited by applicable law in the User’s state of residence. Any claim or cause of action not commenced within this period shall be permanently barred. This limitation applies regardless of any statute of limitations that might otherwise apply.

15. FORCE MAJEURE

None of the Protide Parties shall be liable for any delay or failure in performance resulting from causes beyond their reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, epidemic, pandemic, public health emergencies, war, terrorism, civil unrest, labor strikes, governmental actions, laws, regulations or orders, supply chain disruptions, raw material shortages, carrier failures, power outages, internet or telecommunications disruptions, payment processor outages, or cyberattacks. In the event of a force majeure occurrence, Protide Health’s obligations under this Agreement shall be suspended for the duration of the event, and performance timelines shall be extended accordingly.

16. ELECTRONIC COMMUNICATIONS AND CONSENT

By using the Website and/or placing an order, the User consents to receiving electronic communications from Protide Health, including order confirmations, shipping notifications, account-related communications, and marketing emails (subject to the User’s opt-out rights as described in the Privacy Policy). The User agrees that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

By clicking “I Agree,” “Place Order,” or any equivalent acceptance mechanism at checkout, the User provides an electronic signature that is legally binding under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. §§ 7001-7006) and applicable state laws, including the Uniform Electronic Transactions Act (UETA), and constitutes the User’s acceptance of all terms and conditions contained in this Agreement and all incorporated policies.

17. THIRD-PARTY LINKS AND SERVICES

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Protide Health. Protide Health has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. The inclusion of any link does not imply endorsement, approval, or affiliation by Protide Health. The User acknowledges and agrees that none of the Protide Parties shall be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services.

18. SEVERABILITY, ENTIRE AGREEMENT, AND GENERAL PROVISIONS

18.1 Severability

If any provision of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from this Agreement. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and all remaining provisions shall continue in full force and effect.

18.2 Entire Agreement

This Agreement, together with the Privacy Policy (which includes the SMS/Communications Consent Disclosure), Shipping and Returns Policy, and any other policies expressly referenced herein or posted on the Website, constitutes the entire agreement between the User and Protide Health Corporation concerning the use of the Website and the purchase of Products, and supersedes all prior or contemporaneous communications, proposals, representations, and agreements, whether oral or written, between the parties with respect to the subject matter hereof.

18.3 Waiver

The failure of Protide Health to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Any waiver shall be effective only if in writing and signed by an authorized representative of Protide Health.

18.4 Assignment

The User may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of Protide Health. Any attempted assignment in violation of this Section shall be null and void. Protide Health may freely assign this Agreement in whole or in part without restriction or notice, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

18.5 Survival

The following sections shall survive the termination, expiration, or cancellation of this Agreement or the User’s use of the Website: Section 2 (Definitions), Section 3 (Product Intended Use, Regulatory Status, and Compliance), Section 4 (Payment Terms and Procedures), Section 5 (Sales Policy, Returns, and Chargeback Policy), Section 6 (Shipping Policy), Section 7 (Intellectual Property and Website Use), Section 8 (Educational and Informational Content Disclaimer), Section 9 (Age Verification and Eligibility), Section 10 (Assumption of Risk, Limitation of Liability, and Indemnification), Section 11 (Disclaimer of Warranties), Section 12 (Privacy and Data Protection), Section 13 (Account Security and User Conduct), Section 14 (Governing Law, Binding Arbitration, and Class Action Waiver), Section 17 (Third-Party Links and Services), Section 18 (Severability, Entire Agreement, and General Provisions), Section 19 (Notice to California Consumers), Section 19A (Accessibility), and Section 20 (Contact Information).

18.6 Headings

The section headings used in this Agreement are for convenience of reference only and shall not affect the interpretation or construction of any provision of this Agreement.

18.7 Third-Party Beneficiaries

Notwithstanding the foregoing, each Protide Party is an intended third-party beneficiary of this Agreement, including without limitation Sections 3.6 (Regulatory Compliance Cooperation), 6.2 (State-Specific Restrictions), 10 (Assumption of Risk, Limitation of Liability, Indemnification, and 10.4 Allocation of Risk for Misuse), 11 (Disclaimer of Warranties), 13 (Account Security and User Conduct), 14 (Governing Law, Binding Arbitration, and Class Action Waiver), 15 (Force Majeure), and 17 (Third-Party Links and Services), and each Protide Party may enforce such provisions directly and in its own name.

18.8 Notice

Any notice required or permitted to be given under this Agreement shall be in writing and delivered as follows: (a) notices to the User shall be sent to the email address associated with the User’s account or, if no account exists, to the email address provided by the User at checkout; and (b) notices to Protide Health shall be sent to the physical mailing address set forth in Section 20 (Legal Notices, Service of Process, and Notices of Dispute), with a copy by email to support@protidehealth.com. Notice is deemed given (i) upon transmission, in the case of email to the User; and (ii) three (3) business days after deposit with the U.S. Postal Service or a nationally recognized courier with proof of delivery, in the case of physical mail to Protide Health.

19. NOTICE TO CALIFORNIA CONSUMERS

In accordance with California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Hearing-impaired California consumers may use the California Relay Service by dialing 711, or may contact the Division of Consumer Services through any other applicable accessible service offered by the State of California.

19A. Accessibility

Protide Health is committed to making the Website accessible to Users with disabilities and targets conformance with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, published by the World Wide Web Consortium. We continue to test and improve accessibility, and we welcome feedback. Users who experience an accessibility barrier or who require an accommodation may contact us at support@protidehealth.com so we can address the issue and provide the requested information or assistance through an alternative method.

20. CONTACT INFORMATION

For questions, concerns, complaints, or notices regarding this Agreement, any incorporated policy, or any Product, Users may contact Protide Health as follows:

General Inquiries and Customer Support
Email: support@protidehealth.com
Website: protidehealth.com/contact

Legal Notices, Service of Process, and Notices of Dispute
Protide Health Corporation
Attn: Legal Department
5550 Painted Mirage Rd, Las Vegas, NV 89149, United States
Email (secondary, non-exclusive): support@protidehealth.com

Service of process, Notices of Dispute under Section 14.2, and other formal legal notices must be sent to the physical mailing address above to be effective. Notice sent solely by email shall not constitute valid service of process.

BY USING THIS WEBSITE, CREATING AN ACCOUNT, OR PLACING AN ORDER, THE USER AFFIRMS THEIR COMPLETE UNDERSTANDING AND ACCEPTANCE OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND ALL INCORPORATED POLICIES.