It says you're bound by "opening and using" the product, rather than "opening or using". Have someone else open it for you. Then neither of you have done both.

Mandatory arbitration agreement for a protein shake or whatever it is. First it may not be enforceable. Second it makes me think that this product is not fit for consumption.

This is Vital Proteins brilliant response to being taken to court over heavy metal and "foreign materials" contamination in their products.

"By opening AND using this product (...)"

Have someone else open it for you, then consume the product yourself. Boom, no contract. Checkmate, lawyers!

No way this is legally binding. It amounts to a bait and switch. A product was purchased and provided without agreement to any further terms. Then they sneak in supposed terms after the fact based upon the action of opening the product. That is a change in agreement made without any consideration for the purchaser. That's not generally allowed in contact law.

Furthermore, I really doubt that they can get away with the argument that the act of opening a product can constitute any amount of conscious agreement to some writing on a package. If for no other reason than that this is (afaik) a novel way to attempt to coerce agreement such that nobody would expect such an agreement to be part of the opening process and likely won't notice it.

And it's not accessible for every person who may be using this product even if they do notice the words. Are you a non-English speaker? Farsighted? Blind? Illiterate? Would you have any way to even be aware that those words are terms that somehow binding you to an agreement by virtue of your opening the thing you just bought? Would you have any reason to even suspect that that is the case?

Also, they'll undoubtedly claim that the fact that you have the opened product means that you agreed to the terms, but that is also not the case. Your mom opened it for you and wrapped it as a gift? You bought it secondhand? The packaging was torn open when it shipped to you and you never had any reason to see this text in the first place? It was misprinted? Any of those things and more would mean you never agreed to anything. And they have no way to prove any of those things weren't the case.

Just stupid. I have zero doubt that any number of lawyers would love take this to court and get that payday.

Isn't that an illegally forced agreement? I mean, the consumer already bought the product and is forced to enter an agreement after the fact? At least it feels like it would be illegal.

It's the same with software, sure, but somehow I've been brainwashed into thinking it's ok because it's a digital product/I only agree to a license of said product.

Time to use the box cutter and open it from the bottom.

Add to this the fact they try to enforce mandatory arbitration - a thing that shouldn't ever exist to begin with, in any jurisdiction, and is actually unenforceable in many.

So when my underage child opens this what's the plan? Clearly theyre not old enough to enter into an "legally" binding agreement, right?

Vital Proteins got bought out by Nestle and almost immediately turned to shit iirc

Is there a bigger red flag than a message on it saying 'if you break this seal you can't sue us!'

There's an easy solution: keep buying it, break the seal to get to the message, then return it. Have your friends do the same, at the same store. Pretty soon that product will be gone and you can move on to the next store.

If the store starts to bitch about it, you can claim that you wanted to see if the statement had been removed.

By reading this comment, you agree to be bound eternally in thrall to me, and wear a maid dress for my amusement.

Forced Arbitration should be illegal everywhere.

Write on the money you used to purchase this by accepting this money you agree to the terms of service...

Eat shit turdblossoms.

This is a real thing?

Ah! that one of the worst parts of the internet, and they've figured out a way to make it real.

At least they mention the arbitration upfront, I guess.

Would love to see them try and enforce whatever EULA they wrote up.