TERMS OF SERVICE AND RESEARCH-ONLY WAIVER AGREEMENT

Effective Date: March 9th, 2026
Last Revised: March 10th, 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. It is the responsibility of the User to periodically review this Agreement and all incorporated policies for updates. If the User does not agree with any modification, the User’s sole and exclusive remedy is to discontinue use of the Website.

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” means an individual who is at least twenty-one (21) years of age and who represents that they possess the knowledge, training, and/or facilities to safely handle research compounds in accordance with applicable law.

“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).

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 or chemical compounding facility as defined 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. Products are manufactured in ISO 9001:2015 certified, GMP-compliant facilities solely for research supply purposes.

3.3 Prohibited Uses

The User is strictly prohibited from:

  • Using, administering, injecting, ingesting, inhaling, applying topically, or otherwise introducing any Product into or onto any human or animal body;
  • Using any Product as a drug, medication, supplement, food additive, cosmetic ingredient, or for any therapeutic, diagnostic, veterinary, or clinical purpose;
  • Reselling, relabeling, repackaging, or redistributing any Product in a manner that misrepresents its intended use, regulatory status, or origin;
  • Marketing, advertising, or promoting any Product with claims of therapeutic, diagnostic, or medical benefit;
  • Using any Product in violation of any applicable federal, state, or local law, regulation, or ordinance;
  • Providing any Product to any individual under the age of twenty-one (21).

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 will handle all Products in accordance with applicable Safety Data Sheets (SDS) and good laboratory practices.

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 Protide Health shall not 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 the Website, Protide Health social media accounts (including but not limited to Instagram, TikTok, Facebook, YouTube, X/Twitter, and any future platforms), 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 form of administration of any Product;
  • Includes dosing protocols, reconstitution instructions, cycle schedules, 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;
  • 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 that violates this Section without notice. Users who violate this Section may be permanently banned from the Website, have their accounts terminated, and be refused future sales, at Protide Health’s sole discretion. Repeated or egregious violations may result in referral to applicable regulatory authorities.

3.8 Public Communications, Brand Use, and Third-Party Representations

The User agrees that they will not, in any public communication, social media post, forum post, blog, video, podcast, or other medium:

  • Use the Protide Health name, logo, trademarks, trade names, product names, blend names, or any Protide Health branding in connection with claims or implications of human or animal consumption, therapeutic use, or medical benefit;
  • State or imply that Protide Health endorses, recommends, supports, or condones the use of any Product for human or animal consumption or for any therapeutic, diagnostic, or medical purpose;
  • Attribute any health outcome, physical transformation, or therapeutic result to any Protide Health Product in a manner that associates the Protide Health brand with human use.

Any User who violates this Section is in material breach of this Agreement. Protide Health reserves the right to: (i) immediately terminate the User’s account and refuse future sales; (ii) demand the removal of infringing content; and (iii) pursue all available legal remedies, including but not limited to claims for trademark infringement, tortious interference, and injunctive relief, to protect the Protide Health brand and its regulatory compliance posture.

This Section does not restrict Users from discussing publicly available, peer-reviewed scientific research about compounds in general terms, provided that such discussion does not reference Protide Health by name or imply that Protide Health Products were used on humans or animals. This Section also does not restrict Users from providing truthful, non-misleading reviews of Protide Health’s customer service, shipping speed, packaging quality, product purity, or other aspects of the purchasing experience that do not reference or imply human or animal use.

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, Venmo, Cash App, Zelle, 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 (such as Venmo, Cash App, or cryptocurrency) 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 Verification

To protect against fraud, our credit card processor may require SMS One-Time Password (OTP) verification. By placing an order and providing a phone number at checkout, the User expressly consents to receiving automated SMS text messages for order verification, payment authentication, and fulfillment notifications. Full details regarding SMS communications, consent, frequency, opt-out procedures, and carrier rates are set forth in Section 8 of our Privacy Policy, which is incorporated into this Agreement by reference.

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. Claims must be submitted within seven (7) calendar days of delivery with required documentation as detailed 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

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, risk of loss, carrier liability, and address accuracy requirements are set forth in our Shipping and Returns Policy, which is incorporated into this Agreement by reference. Risk of loss and title for Products pass to the User upon delivery of the package to the shipping carrier.

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, blend names, trade secrets, 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 and blend names (including but not limited to “Lean,” and “Einstein Blend”) are trademarks or trade names of Protide Health Corporation. All proprietary blend formulations constitute trade secrets of Protide Health Corporation.

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.

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.

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, AND INDEMNIFICATION

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. The User assumes all risks associated with the purchase, receipt, storage, handling, use, and disposal of any Product obtained from the Website. The User acknowledges that Protide Health has no control over and assumes no responsibility for how Products are handled, stored, used, or disposed of after delivery to the shipping carrier. 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, PROTIDE HEALTH SHALL NOT 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 BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BODILY INJURY, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, EVEN IF PROTIDE HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

IN NO EVENT SHALL PROTIDE HEALTH’S TOTAL AGGREGATE LIABILITY 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).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations and exclusions set forth above shall be applied to the maximum extent permitted by applicable law.

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.

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, PROTIDE HEALTH DISCLAIMS 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. PROTIDE HEALTH DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROTIDE HEALTH MAKES 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.

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.

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. Protide Health shall not 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 Sections 3.7 and 3.8 of this Agreement.

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 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 its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes then in effect. 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.

14.3 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. THIS CLASS ACTION WAIVER IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT AND MAY NOT BE SEVERED FROM IT.

14.4 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.

14.5 Opt-Out Right

The User may opt out of this arbitration and class action waiver provision by sending written notice to Protide Health at support@protidehealth.com within thirty (30) calendar days of first accepting this Agreement. The notice must include the User’s full legal name, mailing address, email address, and a clear, unambiguous statement that the User wishes to opt out of the binding arbitration and class action waiver provision contained in Section 14 of this Agreement. If the User timely opts out, neither the User nor Protide Health will be bound by the arbitration provision with respect to that User, and disputes will be resolved in accordance with Section 14.1.

14.6 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. 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

Protide Health shall not be liable for any delay or failure in performance resulting from causes beyond its 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 Protide Health shall not 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 (Intended Use and Compliance), Section 5 (Sales Policy), Section 7 (Intellectual Property), Section 8 (Educational Content Disclaimer), Section 10 (Liability and Indemnification), Section 11 (Disclaimer of Warranties), Section 12 (Privacy), Section 14 (Governing Law, Arbitration, and Class Action Waiver), and Section 18 (General Provisions).

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 No Third-Party Beneficiaries

This Agreement is intended solely for the benefit of the User and Protide Health Corporation and does not confer any rights, remedies, or benefits on any third party, except as expressly provided herein.

19. CONTACT INFORMATION

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

Protide Health Corporation

Email: support@protidehealth.com
Website: protidehealth.com/contact

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.