Article I: Preamble and Acquiescence to the Terms and Conditions of Use

The Discount Annex Membership Program (hereinafter referred to as the "Program") is provided by Discount Annex, LLC, a subsidiary of Darkhorse Collective, LLC (hereinafter collectively referred to as "Discount Annex", "we", "us", or "our"). The following terms and conditions (hereinafter referred to as the "Terms") govern your access to and use of the Program.

By participating in the Service (Discount Annex Membership (s)), you (hereinafter referred to as the "Customer", "Member", "you", "your") acknowledge that you have read, understood, and agree to be bound by these Terms, and to comply with all applicable laws and regulations. Your acceptance of these Terms creates a legally binding contract between you and Discount Annex, enforceable under applicable law.

The Program offers exceptional savings on our range of wellness products, personalized wellness recommendations, exclusive product sourcing, priority access to new product releases, and more, subject to a nominal, recurring membership fee.

However, we are not healthcare professionals and our recommendations should not be interpreted as professional medical advice. Consultation with a healthcare provider is strongly advised before starting any new wellness regimen.

The Program is available only to individuals who are at least 18 years of age. By joining the Program, you affirm that you have reached the age of majority required to enter into these Terms in your jurisdiction, or, if you are not, that you have obtained the necessary parental or guardian consent. If you are a parent or guardian and you provide your consent to your child's registration with the Program, you agree to be bound by these Terms in respect of your child's use of the Program.

We reserve the right to verify the accuracy of any information you provide to us in connection with your membership, including but not limited to your age and parental or guardian consent. If we believe in our sole discretion that the information you have provided is inaccurate or misleading, we may suspend or terminate your membership.

Building a strong and transparent relationship with you, our esteemed member, is paramount to us. In recognition of this, we commit to providing timely and clear notifications for any changes to the Program, including adjustments to benefits or pricing. We will ensure that you receive such notifications prior to the implementation of any changes, providing you with sufficient time to understand and consider the implications. For further inquiries or clarification, we welcome you to contact us through our dedicated portal: https://discountannex.com/pages/contact-us.

Our pledge is to maintain open lines of communication, keeping you informed and confident in your membership experience.

Finally, please note that we reserve the right to change, modify, or discontinue any aspect of the Program or these Terms at any time and without notice. Your continued use of the Program following any changes constitutes your acceptance of those changes.

By entering into these Terms, through a Membership Service, provided by Discount Annex, LLC, you, the customer agrees to Discount Annex's:

Article II: Membership Enrollment

Section 2.1: Eligibility Criteria

The Program is open to individuals who are at least 18 years of age or, if younger, have the appropriate parental or guardian consent. To register for the Program, you are required to provide a valid email address and create an account on our platform. We retain the right, in our sole discretion, to accept or refuse membership.

Section 2.2: Membership Account and Registration

Membership Account and Registration In order to avail yourself of the Program's benefits, it is incumbent upon you to create an account with us. By creating an account, you pledge to furnish accurate, current, and complete information about yourself and to update such information as it changes to maintain its accuracy. You are responsible for safeguarding the confidentiality of your account credentials, and for controlling access to your devices. You accept liability for all activities that occur under your account or password. In the event of any suspected unauthorized use of your account, it is your duty to notify us without delay.

Section 2.3: Membership Categories

At present, we provide a single level of membership that includes a variety of benefits. We, however, maintain the right to institute additional levels or categories of memberships in the future, which may have different benefit structures and, therefore, different costs. In addition, we preserve the right to modify the benefit structure of any membership tier by adding, removing, or reorganizing any benefits, including discounts. If and when additional tiers or modifications to benefits are introduced, the specific benefits and terms associated with those changes will be communicated at that time. We also retain the right to make such changes without prior notice, and your continued participation in the Program after any such changes signifies your acceptance of them.

Article III: Membership Benefits

Section 3.1: Detailing of Benefits

As a valued member of the Program, you can enjoy a plethora of benefits meticulously curated to enhance your wellness journey:

  • Exceptional Savings: As a member, you shall be eligible for discounts ranging from 25% to 45% off the standard retail prices. This is in contrast to prevailing market rates. A membership fee of $5.50 permits an average saving of approximately $15 on the inaugural purchase. However, it is pertinent to note that savings may vary based on market fluctuations and other unforeseeable factors.

  • Consistent Quality Assurance: The Company ensures a rigorous selection process, where products are diligently curated, third-party certified, and selected for their premium nature. Nevertheless, while we endeavor to ensure consistent quality, variations might arise due to manufacturer changes or external circumstances beyond our control.

  • Rewarding Loyalty: Each purchase by a member shall accrue points. These points are redeemable and offer additional benefits as an acknowledgment of member loyalty. Points can be applied for subsequent discounts, subject to the Company's terms and conditions. The value and applicability of points may be subject to change at the Company’s discretion.

  • Superior Shipping Offers: Members may be entitled to complimentary or markedly reduced shipping fees. However, shipping benefits can be altered based on logistical considerations, market conditions, or other influencing external factors.

  • Personalized Health Blog: Members have the opportunity to suggest content tailored to their preferences, requests, or specifications. Discount Annex, however, is under no obligation to adhere to any specific timeline for the production of such content and retains the right to refuse the creation of any content for any reason. All provided content is fundamentally a suggestion and should be considered for informational purposes only. It is not intended to replace professional medical advice.

  • Exclusive Access & Support: Members are granted priority access to select, unique products, and shall benefit from our elevated tier of customer service. However, the availability of certain products may vary, and priority support is contingent upon prevailing operational conditions.

  • Dedicated Product Sourcing: In instances where a desired product from a stocked brand is unavailable, efforts will be made to source the product. However, product procurement is subject to availability and external market conditions.

Section 3.2: Restrictions and Limitations

The benefits outlined in Section 3.1 are privileges accorded to the Member and are subject to availability, alterations, or discontinuation at our sole discretion, including but not limited to instances of unforeseen financial hardships or operational challenges. The terms and conditions associated with each benefit will be communicated at the time of utilization or application.

Discount Annex reserves the right to modify, replace, or discontinue any benefits at any time without prior notice, including due to the withdrawal or changes of terms from our vendors. The continuation of your membership after any such modifications signifies your acceptance of the changes.

In the event that certain benefits become impracticable due to circumstances beyond our control, including but not limited to financial hardship or the discontinuation of certain product lines by our vendors, we shall not be held liable for any inability to provide those benefits.

By participating in the Program, you agree and acknowledge that Discount Annex shall not be liable for any losses, damages, or inconveniences that may arise from changes in the benefits or from the discontinuation of certain product lines by our vendors.

Article IV: Membership Fees and Payment

Section 4.1: Membership Pricing

Our membership pricing model is crafted to provide exceptional value. The exact cost of membership, subject to potential future adjustments based on market conditions, operational costs, and other relevant factors, is not explicitly specified in this Agreement. Members are assured that we will strive to maintain a competitive pricing strategy. The most current membership pricing can be located on the membership sign-up page, and changes will be communicated with reasonable notice where feasible.

Section 4.3: Transparency of Pricing

At Discount Annex, we recognize the importance of transparency in pricing for our members. Various internal and external business factors can influence our membership pricing, and as a result, we reserve the right to adjust our fees as necessary. However, we are committed to providing you with fair notice of any changes.

If a change in membership pricing is forthcoming, we will send an email to each member 14 days in advance of the effective date of the change. This email will contain clear information regarding the new pricing, the reasons for the change, and the effective date. We believe that this advance notice will enable our members to make informed decisions about the continuation of their memberships.

Any member who wishes to cancel their membership due to a change in pricing must do so according to the cancellation process detailed in Section 4.3. Failure to cancel the membership by the member will be interpreted as consent to the new pricing structure. We emphasize that the responsibility to act on the notice of a price change lies with the member, and continued use of our services will be billed at the new membership price after the effective date of the change.

We remain dedicated to providing competitive and reasonable pricing for our members and will strive to minimize fluctuations to the best of our abilities.

Section 4.3: Payment Methods

We accept payment via credit card transactions processed securely through Stripe. Rest assured that your payment details will be handled with utmost security, confidentiality, and in compliance with applicable data protection and privacy laws. We reserve the right to change the preferred payment method or add new ones at our discretion.

Section 4.4: Subscription and Cancellation Policies

Memberships are auto-renewing at the conclusion of your selected payment term, either monthly or annually. This automated renewal ensures seamless continuity of membership benefits. However, you retain the right to cancel your membership at any point. We do not distribute renewal reminders; thus, the responsibility to cancel the auto-renewal lies with the member should they wish to terminate their membership.

Section 4.5: Refund Policy

In the event of a cancellation, we will attempt to refund the unused portion of your membership fees. This will be prorated to the nearest week or month, depending on the frequency of your payment. Please note that all refunds are subject to our review and discretion, and may be denied under certain circumstances including, but not limited to, misuse of membership benefits or breach of these Terms. We also reserve the right to provide refunds in a form that we deem appropriate (e.g., store credit). Furthermore, if there are any outstanding charges due on your account at the time of cancellation, we reserve the right to deduct such amounts from any refund due.

Article V: Modifications to Terms and Conditions

Section 5.1: Modifications and Amendments

Discount Annex maintains the exclusive right to modify, amend, or entirely revise these Terms at any given moment, in our sole discretion. This could be due to changes in our services, market conditions, legal or regulatory requirements, or any other reasons. It is incumbent upon you as the member to periodically review these Terms for updates or changes. Your continued usage of the Program following the implementation of any alterations to the Terms signifies your unequivocal acceptance of these changes.

We will endeavor to notify members of material changes to the Terms where practical and feasible, for example via an email or a prominent notice on our website, but we are under no obligation to do so. The method, timing, and content of such notifications shall be at our sole discretion. Regardless of whether such a notice is given, the latest revision of the Terms will become effective immediately upon posting. It remains the member's responsibility to stay informed about any changes to the Terms. If you do not agree with any changes made, your only recourse is to cancel your membership as per the terms outlined in Section 4.3.

Article VI: User Conduct

Section 6.1: Obligations of Conduct

As a member of Discount Annex, your participation within the Program and interaction on our platforms necessitates the adherence to a high standard of conduct. Such conduct is expected to consistently manifest respect, professionalism, and consideration, promoting an environment conducive to the communal sharing of health and wellness information.

Section 6.2: Prohibited Conduct

Discount Annex reserves the exclusive right to determine what constitutes inappropriate behavior. In an effort to maintain the integrity of our community, the following behaviors are expressly prohibited and may result in immediate disciplinary action, up to and including termination of membership:

  • Abusive Commentary: The posting of comments in any part of our platform, including but not limited to blog posts and emails, that are considered by Discount Annex, at its sole discretion, to be cruel, racially charged, mean, or offensive in any other way, is strictly forbidden. The nature and impact of such comments, and their classification as abusive, shall be ascertained by Discount Annex without the need for further justification or explanation.
  • Irrelevant Content: Our platform is dedicated to the dissemination of health and wellness information. Therefore, any content that strays from these themes, including political material, is unwelcome and will be promptly removed. Members are required to focus their contributions on topics that align with our wellness objectives.
  • Product Reselling: Any items obtained through the Program are for the personal use of the member only. These items are subject to non-transferability restrictions, and under no circumstances may they be resold or used for any commercial purposes. Violation of this clause will result in immediate termination of membership.

    Section 6.3: Enforcement and Consequences

    Discount Annex reserves the right to enforce these conduct rules at its sole discretion. Violation of these rules may lead to disciplinary actions, including immediate termination of your membership, with or without prior notice. These actions shall be enacted in strict accordance with Article VII (Termination), and may be taken irrespective of whether a formal complaint has been made or proven. The determination of whether a member's behavior is in breach of these rules lies solely with Discount Annex.

    Please note that while this draft aims to provide a robust structure for addressing user conduct, it is advisable to consult with a legal professional to ensure its enforceability and compliance with all relevant laws and regulations.

    Section 6.4: Sale Limitations

    To safeguard the integrity of the Program and prevent unauthorized commercial activity, Discount Annex retains the right to refuse the sale of any product or to limit the quantity of any product that a member can purchase at any time, for any reason, and without prior notice or cause. Such measures may be employed at our sole discretion, particularly in instances where we suspect a potential violation of the non-resell clause as set out in Section 6.2.

    Article VII: Termination

    Section 7.1: Termination by Discount Annex

    Discount Annex reserves the right to terminate or suspend your membership without notice and at our sole discretion. Reasons for such termination or suspension may include but are not limited to: violation of these Terms, illegal or fraudulent activities, non-payment of membership fees, or behavior we deem inappropriate or harmful to Discount Annex or other members. Upon termination or suspension, all your membership benefits will cease immediately, and any unused portion of your membership fees will not be refunded.

    Section 7.2: Termination by the Member

    You, as a member, retain the right to terminate your membership at any time for any reason by following the cancellation process as detailed in Section 4.3. Please note that upon termination by you, the remaining portion of your membership fees will be refunded on a prorated basis, as described in Section 4.4.

    Section 7.3: Consequences of Termination

    Upon the termination of your membership, for any reason whatsoever, all benefits and rights granted to you under this Program will cease immediately. You understand and agree that we will have no liability to you or any third party for any termination of your access to the Program or deletion of your account or related information.

    Section 7.4: Survival

    Any provisions of these Terms that by their nature should survive the termination of your membership will continue in full force and effect subsequent to and notwithstanding the termination of this agreement. This includes, but is not limited to, Article V (Modifications to Terms and Conditions), Section 6.3 (Consequences of Termination), and Article VII (Limitation of Liability and Indemnification).

    Article VIII: Disclaimers, Assumption of Risk, and Limitation of Liability

    Section 8.1: No Warranties and Medical Advice Disclaimer

    The Program is provided "as is" without any representation, warranty, or condition of any kind, whether express, implied, statutory, or otherwise. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of warranty or guarantee. Discount Annex, its affiliates, subsidiaries, or any of their respective directors, employees, agents, suppliers, or content or service providers do not warrant that the Program or the products offered through the Program will be uninterrupted, accurate, reliable, or error-free.

    Moreover, it should be underscored that Discount Annex is not a healthcare provider and does not provide medical advice. The content provided through the Program, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here, is for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Any health-related decision should be made in consultation with your healthcare provider based on your individual needs.

    Section 8.2: Assumption of Risk

    By participating in the Program, you acknowledge and accept all risks, known and unknown, arising from your use of the Program, including the use of any products purchased via the Program. Discount Annex is a marketplace that connects customers with a wide variety of wellness products and is not responsible for manufacturing these products. Any claims, damages, or injuries resulting from the use of these products are the sole responsibility of the manufacturer.

    Section 8.3: Limitation of Liability

    Under no circumstances shall Discount Annex or any of its directors, employees, agents, suppliers, content or service providers be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, tort (including negligence), strict liability, or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of information you have provided in connection with your use of the Program, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. Your sole and exclusive remedy for dissatisfaction with the Program is to stop using the Program and its related services.

    Article IX: Third-Party Links, Products, and Services

    Section 9.1: Third-Party Interactions

    In your use of the Program, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the Program. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third-party. Discount Annex and its subsidiaries or affiliates shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party.

    Section 9.2: Third-Party Websites and Services

    The Program may provide, or third parties may provide, links to other websites, applications, resources, or services. Because Discount Annex has no control over such sites, applications, resources, and services, you acknowledge and agree that Discount Annex is not responsible for the availability of such external sites, applications, resources, and services, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that Discount Annex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.

    Section 9.3: Warranty Disclaimers

    Discount Annex does not represent or warrant that products or services offered by third parties, including those referenced or linked to in the Program, are safe, reliable, accurate, or suitable for your needs. You agree to assume all risk and liability arising from your use of any third-party products or services.

    Section 9.4: Release

    In the event that you have a dispute with one or more other users, or third parties, you hereby release Discount Annex, its officers, employees, agents, and successors from any and all claims, demands, liabilities, costs, or expenses, including attorney's fees and costs, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Program or services thereunder.

    Please review our Privacy Policy: https://discountannex.com/pages/privacy-policy

    Article X: Dispute Resolution and Binding Arbitration

    Section 10.1: Dispute Resolution and Binding Arbitration

    All disputes arising out of or relating to your membership with Discount Annex, including disputes related to the products purchased through our Program or any aspect of the relationship between you and Discount Annex, shall be resolved by binding arbitration. This agreement to arbitrate includes, but is not limited to, disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and remains in effect regardless of whether a claim arises during or after the termination of these Terms.

    By entering into these Terms, you understand and agree that you are waiving your right to a trial by jury or to participate in a class action. Instead, such disputes will be resolved by a neutral arbitrator in a less formal process than a court trial and may allow for more limited discovery than in court. Arbitrators can award the same damages and relief that a court can award.

    For the procedure and rules applicable to such arbitration, you are referred to Article VII (Arbitration Agreement and Waiver of Class Action Remedies) of the Terms of Service. This includes, but is not limited to, information regarding the process to commence an arbitration, the rules governing the arbitration, and the disclaimers and limitations related to the arbitration.

    Article XI: Intellectual Property Rights

    Section 11.1: Ownership

    All intellectual property rights in and to the Program, including but not limited to trademarks, service marks, logos, and trade names, as well as text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, look and feel, and arrangement of any content contained on or available through the Program, unless otherwise indicated, are owned, controlled, and licensed by Discount Annex and its successors and assigns.

    Furthermore, any third-party product lines featured or sold through the Program have their distinct intellectual property rights, including trademarks, service marks, logos, and trade names. All such rights are owned by the respective third-party providers.

    Section 11.2: Restricted Use

    Members are not permitted to use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the intellectual property rights associated with Discount Annex or any third-party product lines, without the express written consent of Discount Annex or the respective rights owner. This includes any use of the Discount Annex name, logos, trademarks, or service marks for any purpose other than personal use, which is not expressly permitted by these Terms.

    Section 11.3: Grant and Revocation of Consent

    Consent to use any intellectual property associated with Discount Annex or any third-party product lines can only be granted by an authorized representative of Discount Annex or the respective rights owner. Such consent can be revoked at any time, without notice or cause, at the sole discretion of the granting party.

    Violation of this article can result in immediate termination of your membership, and may also result in civil and/or criminal penalties.

    As always, it's strongly advised that you consult with a legal professional to ensure this adequately covers your intellectual property rights and is in compliance with all applicable laws and regulations.

    Article XII: Contact Us

    Section 12.1: Inquiries

    If you have any inquiries about these Terms, the Program, or any other related matter, you may contact us via email at support@discountannex.com

    Our customer service team operates between 9 AM - 5 PM Eastern Standard Time (EST), Monday to Friday. We endeavor to respond to all queries within two business days.