Terms and Conditions –Membership, Line Passes, Bag Days, and Drop Zones

Effective Date: September 9, 2025
Company: Falling Prices, Inc. (“Company,” “we,” “our,” or “us”)
Application: Falling Prices Mobile App (the “App”)

‍IntroductionThese Terms and Conditions (“Terms”) govern your use of theFalling Prices Mobile App and participation in the Falling Prices MembershipProgram, Line Pass system, Bag Day events, and Drop Zone events, both virtualand in-store. By enrolling in a Membership, purchasing or using a Line Pass, or participating in Bag Day or Drop Zone events, you agree to be bound by theseTerms.

‍Membership: Falling Prices offers two Membership levels:

‍Basic Membership (Free): Allows you to check in and     obtain a General Line Pass up to four hours before store opening, with passes numbered 101 and higher.

‍Platinum Membership ($9.99/month     or $49.99/year): Allows you to check in up to sixteen hours before store     opening, as well as purchase Platinum Line Passes numbered 1 through 100 up to seven days in advance, with pricing ranging from $12 to $2 depending on your place in line and the day of the week. Platinum Members also receive exclusive benefits, including Sneak Peek Weeks before grand     openings, Platinum Member Appreciation Days with exclusive store access, early access to promotional coupons, and the ability to shop Virtual Drop Zone events.

A thirty-day free trial of Platinum Membership is available to first-time users; however, a valid credit card is required at the time of registration. Unless you cancel your Membership before the end of the free trial period, your Membership will automatically convert to a paid plan at thethen-current rate, and your credit card will be charged. Membership fees are non-refundable.You may cancel your Membership at any time before your renewal date to avoidfuture charges; cancellation will take effect at the end of your current billingperiod, and you will not be charged for subsequent periods. To switch from monthly to annual billing, you must cancel your current plan and re-enrollafter the billing cycle ends. By enrolling in a paid Membership, you acknowledge and agree that your Membership will automatically renew at the endof each billing period unless you cancel prior to renewal, and that you will receive clear notice of renewal and applicable rates as required by law, includingCalifornia automatic renewal requirements.

You will receive a clear and conspicuous notice at least thirty (30) days before your Membership renewal date, sent to the email addressassociated with your account, reminding you of the upcoming automatic renewal,the applicable rate, and instructions for cancellation. To cancel yourMembership or switch billing cycles, log in to your account in the App,navigate to the Membership section, and follow the clear prompts to cancel orchange your billing cycle. The cancellation process is designed to be user-friendlyand transparent, and you may cancel at any time before your renewal date to avoid further charges. If you need assistance, contact customer support atcustomerservice@fallingprices.com or (888) 722-1057.

‍Line Passes
‍Line Passes may only be obtained through the App and arelinked to the purchasing account. Basic Members may check in beginning four hours before opening, while Platinum Members may check in sixteen hours beforeopening or purchase premium passes up to seven days in advance. All individuals age thirteen or older must hold their ownMembership and Line Pass. Adults may bring up to two children under twelve for free, provided those children are under the adult's supervision at all times. Users under the age of thirteen are not permitted to register for or use the App independently, in accordance with the Children’s Online Privacy ProtectionAct (COPPA). Parental or legal guardian consent is required for users under the age of eighteen, and adults are responsible for ensuring compliance with all age restrictions and supervision requirements. Line Passes are non-transferable, may not be re-sold or assigned, and photo verification of the account holder is required prior to use. Numbers displayed before purchase are provisional and may change if another user completes checkout first. Passes are tied to the location selected at purchase and cannot be transferred; a new pass must be purchased for a different location. Line Passes are non-refundable except where required by applicable law. Cancellations or unused Line Passes do not result in a refund or credit.

‍Drop Zone By Falling Prices
‍Drop Zones are exclusive, time-limited events where discounted items are offered either in-store (Live Drop Zone) or online through the App (Virtual Drop Zone). Only active Members may purchase from the Virtual Drop Zone. Drop Zone events are limited in time and schedule. Each event will display its start and end times, and no event will exceed two hours in duration. Listings may be browsed at any time, but purchases require an active Membership. Some Drop Zone events may be for Platinum Members only or may provide Platinum Members with early or priority access. When a user selects “Buy Now” and confirms the order, the transaction is final. A confirmation email will be sent to the address associated with the account. If an item sells out before checkout, the user will receive a notification email, and no charge will be made. All Drop Zone items must be picked up within six calendar days of purchase. Shipping is not available. Orders not picked up within this time frame will be restocked, and no refund or credit will be issued for unclaimed Drop Zone orders. A pickup confirmation email will be sent upon successful collection. Users are responsible for maintaining accurate and current contact and payment information. By using the Drop Zone, users agree to monitor their email for confirmations, out-of-stock notices, and pickup reminders, and to comply with pickup timelines.All Drop Zone purchases are final sale. No refunds or exchanges will be issued except where required by law.

‍Bag Days
‍Bag Day is a limited-time, in-person event lasting approximately two to four hours at participating Falling Prices locations. During Bag Day, eligible participants may purchase items for a fixed price per bag, subject to availability and store rules. Bag Day events may be offered exclusively to Platinum Members or may provide Platinum Members with early or priority access. From time to time, Bag Day events may also be open to all customers, regardless of Membership status. Line Passes may be required for entry, and purchase and use of Line Passes are governed by these Terms.The price per bag and the type of bag permitted will be announced prior to or at the event. Only bags provided or approved by the Company may be used, and all items must fit completely inside the bag without protruding or extending beyond the bag’s natural closure. Bag Day events are strictly time-limited, and the Company reserves the right to end or extend an event at its discretion. Customers must comply with all store rules, staff instructions, and safety guidelines, and any disruptive, unsafe, or abusive behavior may result in removal from the event without refund. All Bag Day purchases are final sale, and no refunds or exchanges will be issued except where required by law.

‍Pricing and Payments
‍All Membership fees, Line Pass purchases, Bag Day entries,and Drop Zone orders must be paid in U.S. dollars through the App’s secure payment system. Prices may vary depending on Membership tier, event, promotion,or location. By completing a purchase, you authorize Falling Prices to charge your chosen payment method.

‍Limitations of Liability
‍We strive to provide an optimal customer experience but cannot guarantee uninterrupted services, event availability, or product inventory. Falling Prices is not responsible for delays, interruptions, or device-related issues, including problems with location services. For example,if you cannot check in, you must confirm that location services are enabled for the App in your device’s settings.

TO THE FULLEST EXTENT PERMITTED BY LAW, FALLING PRICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE APP, MEMBERSHIPS, LINE PASSES, BAG DAYS, OR DROP ZONES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FALLING PRICES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP, MEMBERSHIPS, LINE PASSES, BAG DAYS, OR DROP ZONES EXCEED THE TOTAL AMOUNT OFFEES PAID BY YOU TO FALLING PRICES IN THE TWELVE (12) MONTHS PRECEDING THEEVENT GIVING RISE TO THE CLAIM. Nothing in this section shall limit anyliability that cannot be excluded or limited under applicable California law.

‍Refund and Cancellation Policy (This policy is prominently disclosed to users to ensure transparency and compliance with consumer protection laws.)
‍Membership fees, Line Pass purchases, Bag Day purchases,and Drop Zone orders are non-refundable except where required by applicable law. Membership cancellations made before renewal will prevent future charges but do not entitle users to refunds for prior payments. Unused or cancelled Line Passes and unclaimed Drop Zone orders do not qualify for refunds or credits.This Refund and Cancellation Policy is prominently disclosed to all users toavoid disputes and to comply with consumer protection laws.

‍Modifications
‍We may amend these Terms at any time. Updates will be posted within the App, and continued use constitutes acceptance of the revised Terms. For material changes, we will provide clear and conspicuous notice to users, ideally with advance notification, through the App or by other reasonable means. We will ensure that the amendment process complies with applicable consumer protection laws and provides users with a reasonable opportunity to review changes before they become effective.

‍California Consumer Rights
‍If you are a California resident, you have certain rights under the California Consumer Privacy Act (“CCPA”) and other applicableCalifornia laws, including the right to know what personal information wecollect, the right to request deletion of your personal information, the rightto opt out of the sale of your personal information, and the right tonon-discrimination for exercising your privacy rights. For more information about your rights and how to exercise them, please refer to our Privacy Policy. For questions or complaints regarding your privacy rights, you may contact Falling Prices at customerservice@fallingprices.com  or (888) 722-1057. Notice to California Residents: Under California Civil Code Section 1789.3, users of the App are entitled to the following consumer rights notice: If you have a question or complaint regarding the App, please contactus at customerservice@fallingprices.com or (888) 722-1057. You may also contact the Complaint Assistance Unit of the Division of ConsumerServices of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

‍Governing Law
ARBITRATION AGREEMENT – PLEASE READ CAREFULLY
‍These Terms are governed by the laws of the State of California, excluding its conflict of law principles. By using the App, you and Falling Prices agreethat any disputes, claims, or controversies arising out of or relating to theseTerms or your use of the App will be resolved exclusively through final and binding arbitration administered by a neutral arbitrator in Sacramento County, California, under the California Arbitration Act (Cal. Code Civ. Proc.§1280 et seq.), except where prohibited by law.·     

- The arbitrator has the same authority to award relief as a court of law.
- Either party may still seek injunctive or equitable relief in court forclaims involving intellectual property rights or unauthorized use of the App.·     
- Nothing in this clause prevents you from bringing a claim in small claimscourt if your claim qualifies.
- This arbitration provision does not apply to disputes that, by law, cannot besubject to mandatory arbitration.
‍
‍Contact
‍For assistance, please contact Falling Prices at customerservice@fallingprices.com or 1-888-722-1057.