Terms & Conditions Last Updated: December 12, 2025

Welcome to Atlantis Fresh Market! These Terms and Conditions (these “Terms”) apply to your access to, and your use of our mobile applications (collectively the “Apps” and each an “App”), website located at www.atlantisfreshmarket.com (the “Site”), and your participation in our Atlantis Rewards loyalty program (the “Program”, and together with the Site and Apps, collectively the “Services”), which are operated by Atlantis Management Group LLC, or its subsidiaries, licensees and affiliated companies (“Atlantis Fresh Market”, “we”, “us”, or “our”). These Terms are important, contain legal obligations and affect your legal rights, so please read them carefully.

NOTE THAT SECTION 12 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY CLICKING “I ACCEPT”, OR BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, OR MAKING ANY PURCHASES, YOU AGREE TO THESE TERMS. YOU ALSO AGREE TO THE TERMS WHEN YOU MAKE A PURCHASE AS A GUEST. THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 12 OF PART ONE, YOU MAY NOT ACCESS OR USE OUR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF SERVICES.

Part 1 – Terms for All Users

1. Eligibility

The Services are not targeted toward or intended for use by anyone under the age of 13. Atlantis Fresh Market encourages parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing online their name, address, and other personal information without parental consent. Additional eligibility requirements apply to purchases made using the Services, and are set forth in Part Three.

If you are using the Services on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.

2. Accounts and Account Security

In order to access and use certain areas or features of the Services, including to purchase any products made available through the Apps (the, “Products”), you will need to register for an account (an “Account”). You can create an Account as follows:

Download one of our Apps on a smartphone or other mobile device that is capable of downloading and running the App from the Apple App Store or Google Play Store (as applicable) and follow the prompts to create an Account. Atlantis Fresh Market does not charge to download its Apps, but standard data rates may apply.

Visit www.atlantisfreshdelivery.com or www.atlantisfreshmarket.com/rewards and follow the prompts to create an Account.

By creating an Account, you agree to

a. provide accurate, current and complete Account information,

b. maintain and promptly update, as necessary, your Account information,

c. maintain the security of your Account credentials,

d. be responsible for the acts or omissions of any third party who has authority to access or use your Atlantis Rewards Card or Account, including by use of the Services on your behalf, and

e. immediately notify us via email (Support@atlantisrewards.com) if you discover or otherwise suspect any security breaches related to your Account. We shall not be responsible for misdirected communications such as mail or e-mail or any consequences thereof.

3. Privacy Policy

Atlantis Fresh Market’s personal information practices, including the collection, use and/or disclosure of your personal information, are governed by Atlantis Fresh Market privacy policy located at https://www.atlantisfreshmarket.com/privacy, which is hereby incorporated into these Terms by reference. We reserve the right to modify our privacy policy from time to time. While using the Services and from time to time, you may be asked whether or not you consent to and wish to receive marketing and other non-critical communications relating to the Services. If you agree and consent to receiving such communications from Atlantis Fresh Market, you may opt-out of receiving such communications at any time as provided in our privacy policy.

4. Ownership, License & Restrictions on Use

4.1. Materials

The materials provided, contained in or made available for use in connection with the Services (collectively, the “Materials”) are protected by law, including, but not limited to United States Copyright and Trademark laws, and international treaties. The Services are controlled and operated by Atlantis Fresh Market from its offices within the U.S. Atlantis Fresh Market makes no representation that any of the Services or Materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. See below for further copyright and trademark information.

4.2. All Rights, Title and Interest

All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Services and the Materials belong to Atlantis Fresh Market or the original creator of the material. Further, all names, designs, graphics, data, images, pictures, logos and icons on the Services and the Materials are proprietary information or proprietary marks of Atlantis Fresh Market or the original creator of the material. The compilation of all content, including the look and feel of the Services (including the Materials), is the exclusive property of Atlantis Fresh Market and is protected by U.S. copyright law, as applicable. Except as may be expressly provided herein, nothing contained in these Terms or elsewhere shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark, or other intellectual property rights, to any of the Materials.

4.3. Limited License

You are hereby granted a personal, non-exclusive, non-transferable, limited license to:

i. use the Apps on your mobile device for your personal non-commercial use only; and
ii. view the Sites, and to print insignificant portions of materials retrieved from the Sites provided

a. they are used only for informational, non-commercial purposes, and
b. you do not remove or obscure the copyright notice or other notices. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Services (including the Materials). Further, you may not reproduce any part of the Services (including the Materials) and any such violation with respect to the Services will terminate the license(s) granted herein.

4.4. Mirror Server

You also may not, without the permission of Atlantis Fresh Market “mirror” any of the Materials on any other server. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

4.5. Sole And Exclusive Property

As between you and Atlantis Fresh Market, all submissions, suggestions, ideas, artwork, or other information (the “Submission”) communicated to Atlantis Fresh Market through the Services become the sole and exclusive property of Atlantis Fresh Market. Atlantis Fresh Market is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future Atlantis Fresh Market endeavors. Atlantis Fresh Market will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and that you, not Atlantis Fresh Market, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright Atlantis Fresh Market reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content. Atlantis Fresh Market has the right but not the obligation to monitor and edit or remove any activity or content. Atlantis Fresh Market takes no responsibility and assumes no liability for any content posted by you or any third party.

4.6. Trademarks

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Services (including the Materials) are registered and unregistered Trademarks of Atlantis Fresh Market and others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services (including the Materials), without the written permission of the Trademark owner. Atlantis Fresh Market aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Atlantis Management Group LLC, Atlantis Management Group or Atlantis Fresh Market logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior, written permission of Atlantis Management Group LLC. Atlantis Management Group LLC prohibits use of the Atlantis Fresh Market logo as a “hot” link to any website, including Atlantis Fresh Market sites, unless establishment of such a link is approved in advance by Atlantis Management Group LLC in writing.

5. User Conduct

As a specific condition of your use of any of the Services, you explicitly agree not to

a. use any of the Services for any purpose that is unlawful or prohibited by these Terms; 
b. use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services;
c. attempt to gain unauthorized access to Atlantis Fresh Market computer systems or networks connected to Atlantis Fresh Market, through hacking, password mining, or any other means;
d. attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way;
e. obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services;
f. attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
g. develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and
h. use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

6. Third Party Content

The Services may contain links to and from third party websites. Atlantis Fresh Market has no control over the content or privacy policies of third-party websites that you may link to from the Services or their advertisers. If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. Atlantis Fresh Market is not responsible for any third party’s failure to establish or abide by its or our privacy policy. We suggest always checking the privacy policy for each website that you visit prior to submitting any personal information. Links to third party websites do not imply endorsement of the websites by Atlantis Management Group LLC.

7. Fuel or Product Prices

You acknowledge and agree that any information pertaining to fuel or product prices is presented by Atlantis Fresh Market on an “as is” basis, without any guarantee or representation by Atlantis Fresh Market as to the accuracy of such information. Atlantis Fresh Market disclaims, and you accept the information without, any warranties of any kind, either express or implied, as to the accuracy of the information. Although Atlantis Fresh Market strives to provide you with timely, relevant and accurate information pertaining to fuel or product prices, the fuel or product prices displayed on the Site or the Apps are subject to change and may vary from those offered at your local Atlantis Fresh Market location. Fuel or product prices displayed on the Site or the Apps are not and shall not be deemed an offer to you. Atlantis Fresh Market does not guarantee, and you agree that you may not rely upon, the fuel or product prices displayed on the Site or in the Apps. The fuel or product price you ultimately pay will always be determined at the time and location of sale, as posted at the pump of the Atlantis Fresh Market location from which you purchase fuel or products.

8. Effective Date, Modification; Changes

These Terms are effective and were last updated as of the revision date at the beginning of these Terms. At any time, Atlantis Fresh Market may revise these Terms. If we make changes, we will post the amended Terms to our Services, and update the “Last Updated” date above. We may also notify you by sending an email notification to the address associated with your Account or providing notice through our Services. Revisions are effective and binding when posted on the Services. Any continued use of any of the Services following any revision means you agree to the revisions. Atlantis Fresh Market expressly reserves the right to terminate or discontinue any of the Services at any time and for any reason, with or without notice to you.

9. Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Atlantis Fresh Market’s Designated Agent as follows:

Atlantis Fresh Market c/o
Atlantis Management Group, LLC.
Attn: General Counsel
555 S Columbus Ave
Suite 201
Mt Vernon, NY 10550

ama@atlantisfreshmarket.com
Subject line: DMCA

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Atlantis Fresh Market for certain costs and damages.

10. Disclaimers

EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT:

A. THE PROGRAM, SERVICES, PROMOTIONAL CONTESTS, AND MATERIALS ARE FREE OF ERRORS;
B. DEFECTS WILL BE CORRECTED; OR
C. THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR DATA. WITHOUT LIMITING THE FOREGOING, ATLANTIS FRESH MARKET MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY, OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. ATLANTIS FRESH MARKET WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. ATLANTIS FRESH MARKET MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
ATLANTIS FRESH MARKET DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO

A. ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES, PROMOTIONAL CONTESTS, AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
B. ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES, THE APPS OR MATERIALS PROVIDED, MADE AVAILABLE IN CONNECTION WITH THE PROGRAM OR ANY PROMOTIONAL CONTESTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN,
C. THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF,
D. YOUR USE OF ANY OF THE SERVICES, OR PARTICIPATION IN ANY PROMOTIONAL CONTESTS, OR
E. YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES OR PROMOTIONAL CONTESTS.

ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES, THE APPS OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THE PROGRAM, PARTICIPATION IN ANY PROMOTIONS OR OFFERINGS (INCLUDING DELIVERY OF AND PAYMENT FOR GOODS AND SERVICES) AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. ATLANTIS FRESH MARKET DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCT, AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS AND OTHER CONDITIONS OF USE. ATLANTIS FRESH MARKET IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS, PROMOTIONS OR OFFERINGS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SERVICES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SERVICES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

11. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES, OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF

I. THE TOTAL AMOUNT YOU SPENT ON PURCHASES FROM THE APPS IN THE MOST RECENT TWELVE-MONTH PERIOD, OR
II. IF YOU HAVE NOT PAID ATLANTIS FRESH MARKET, THE AMOUNT OF $100.

THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12. Dispute Resolution; Binding Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ATLANTIS FRESH MARKET AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Access to and use of any of the Services and these Terms are governed by the laws of the State of New York and the United States as applicable therein, without resort to conflict of law provisions. Atlantis Fresh Market makes no representation that the contents of any of the Services are appropriate or available for use outside of the United States, and those who choose to access any of the Services from other locations are solely responsible for compliance with their local laws. Any legal actions against Atlantis Fresh Market must be commenced within two years after the claim arose. Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 5 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and Atlantis Fresh Market agree

1. to waive your and Atlantis Fresh Market’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services resolved in a court, and
2. to waive your and Atlantis Fresh Market’s respective rights to a jury trial.
Instead, any Disputes arising out of or relating to any of the Services, or these Terms will be settled by binding arbitration before JAMS, Inc. and in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either

a. acknowledge and agree that you have read and understand the rules of JAMS, or
b. waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

ANY SUCH DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY DISPUTE OF ANY OTHER PARTY. Each party shall be responsible for its costs incurred in such arbitration, but if you cannot afford to pay for the arbitration you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. The arbitration will be conducted in Westchester County, New York, or in the county where you reside, and judgment on the arbitration award may be entered into by any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 12 by writing to: Attn: Legal Department, 555 South Columbus Ave, Suite 201, Mount Vernon, NY 10550. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS IN A COURT LOCATED IN WHITE PLAINS, NEW YORK. Notwithstanding the foregoing, Atlantis Fresh Market may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).

13. Governing Law and Venue

These Terms, your access to and use of the Services, including your order of Products shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of New York and the United States, respectively, sitting in the State of New York, County of Westchester.

14. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

15. Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause, or provision of these Terms.

16. Survival

The following sections will survive the expiration or termination of these Terms and the termination of your Atlantis Fresh Market account: all defined terms and Sections 3, 4, 5, 10, 11, 12, 13, 14, 15, and 16 of Part One; and Sections 4.9 and 4.101 of Part Two; and Section 11 of Part Three.

17. Miscellaneous

These Terms (including, for greater certainty, the additional items in Part Two and Part Three below) constitute the entire agreement between you and Atlantis Fresh Market relating to your access to and use of the Services and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Atlantis Fresh Market. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and Atlantis Fresh Market’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Part Two – Additional Terms Applicable to the Atlantis Rewards Loyalty Program

These Atlantis Rewards Loyalty Program Terms and Conditions (these “Program Terms”) are subject to, and made a part of the Terms, and apply to your access to, and your participation in the Program, which is operated by Atlantis Fresh Market.

These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise.

Atlantis Fresh Market wants to reward our loyal customers with a simple and easy to use program. In furthering this mission, we created the Atlantis Rewards application (the “Atlantis Rewards App”) and the Atlantis Rewards Card (the “Atlantis Rewards Card,” together with the Atlantis Rewards App, collectively the “Atlantis Rewards Service”), which enable users to accumulate promotional Atlantis Rewards points (“Points”) on all eligible purchases (“Qualifying Purchases”) and to convert your Points into Rewards redeemable for certain eligible items at participating Atlantis Fresh Market stores in the U.S. Atlantis Rewards Service is currently beta software, meaning that are still in development and may not function fully or may not function without error. During this test phase, earning and redeeming Rewards Points, Rewards, Club Stamps, and Club Rewards are limited to participating locations. All Rewards using the Atlantis Rewards Service are subject to availability and your acceptance of these Terms.

1. Joining the Program

1.1 Eligibility

There are no membership fees associated with the Program. The Program is open only to residents of the U.S. who are 13 years or older and are natural persons; no corporation, trust, partnership or other entity may participate in the Program. If you are between 13 and 18, you may join and participate in the Program only with the permission of a parent or guardian. Atlantis Fresh Market encourages parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing online their name, address and other personal information without parental consent.

1.2 Atlantis Rewards Cards/Other Methods

You may also participate in the Program if you obtain a physical Atlantis Rewards Card from one of our participating stores in the U.S., an electronic Atlantis Rewards Card via the app or the website, or join by other methods (e.g., join by SMS or in-store at the register). You will begin accumulating Points and Club Rewards, defined herein, as soon as you scan your Atlantis Rewards Card or your Account barcode (accessed through the Atlantis Rewards App, or mobile version of the Site) at the time of purchase or providing the Alternative ID, which is 767 plus the 10 digit mobile phone number associated with your account, (the “Alt ID”) linked to your Account at the time of purchase. If your Atlantis Rewards Card, Account barcode or Alt ID are not linked to your Account (“Pre-Enrolled Participants”), you will be unable to redeem your accumulated Points and Club Rewards unless and until your Atlantis Rewards Card, Account barcode or Alt ID are linked to your Account. If you wish to link your Atlantis Rewards Card, Account barcode, or Alt ID to an Account, you may create an Account as indicated above and link your Atlantis Rewards Card, Account barcode or Alt ID to your newly created Account or, if you already have an existing Account, link your Atlantis Rewards Card, Account barcode or Alt ID to your existing Account under your Account page in the Atlantis Rewards App or on the Site.

2. Program Description

2.1 Accumulating Points

Except for purchases of certain Excluded Items identified below, the Program enables you to accumulate promotional Atlantis Rewards points (“Points”) on all other eligible purchases (“Qualifying Purchases”) and to convert your Points into Rewards redeemable for certain eligible items at participating Atlantis Fresh Market stores in the U.S. You will accumulate ten (10) Points for each One-Dollar (USD $1.00) you spend on Qualifying Purchases and twenty (20) Points for each gallon of gas pumped in accordance with this section. However, earning Points for purchases made from the Atlantis Fresh Delivery App are addressed differently, in accordance with Part Three below. Taxes and fees are excluded and ineligible for Point accrual. Points may take longer than 24 hours from the time of the last Qualifying Purchase to show up in your Account. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO LIMIT THE NUMBER OF TRANSACTIONS PER DAY FOR WHICH POINTS MAY BE AWARDED AS WELL AS THE NUMBER OF POINTS PER DAY THAT A PROGRAM MEMBER MAY EARN.

In order to accumulate Points for Qualifying Purchases, you must identify yourself as a Atlantis Rewards member at the time of purchase (by presenting and scanning your Atlantis Rewards Card, your Account barcode (accessed through the Atlantis Rewads App, or mobile version of the Site, at the time of purchase or providing the Alt ID linked to your Account at the time of purchase)) in order to record and qualify your purchase. Points and Rewards are promotional only. Points have no value, may not be redeemed for cash, and are not transferable to any other individual or entity. Points will not be accumulated on the portion of any transaction that was paid for or credited by using or redeeming Rewards or other discounts or promotional codes. Points will not be accumulated on purchases of the following products/services: fuel, age-restricted items (such as cigarettes, tobacco, lottery tickets and alcohol), financial services, prepaid card products, money orders, gift cards, phone cards, stamps, Post Office stamps and merchandise, event tickets, bus tickets and passes, charitable donations, gift with purchases or as may be excluded in a particular promotions, and any other items specified as exclusions from time to time (collectively, the “Excluded Items”). WE RESERVE THE RIGHT TO ADD OR DELETE PRODUCTS AND SERVICES ELIGIBLE FOR REDEMPTION OR POINT COLLECTION AT ANY TIME, AT OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE.

If you cancel or return a Qualifying Purchase for which you have collected Points, Atlantis Fresh Market may deduct the Points that you were awarded for that purchase.

2.2 Club Programs

From time-to-time, Atlantis Fresh Market may offer “club” programs to earn free products in all or certain of our stores. Details of any such program will be set forth in the rules of such program and/or communicated to you via point-of-purchase display, email, or in-app messaging, and may enable you to get one free product (as we may specify, the “Club Reward”) for a number of such products that you buy at participating Atlantis Fresh Market stores in the U.S. when you present and scan your Atlantis Rewards Card or your Account barcode (accessed through the Atlantis Rewards App or mobile version of the Site) at the time of purchase or provide the Alt ID linked to your Account at the time of purchase in order to record and qualify your purchase (each represented as club stamps on the digital club card in your Account, if you have an Account and have properly linked and recorded your purchase to your Account, collectively, “Club Stamps”). However, earning Club Stamps for purchases made from the Atlantis Fresh Delivery App are addressed differently, in accordance with Part Three below. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO LIMIT THE NUMBER OF TRANSACTIONS PER DAY FOR WHICH CLUB STAMPS MAY BE AWARDED. ATLANTIS FRESH MARKET MAY, IN ITS SOLE DISCRETION, MODIFY, AMEND, OR DISCONTINUE ANY CLUB PROGRAM AT ANY TIME WITH OR WITHOUT NOTICE TO YOU.

2.3 Limitations on Club Stamps

Club Stamps are promotional only. Club Stamps have no value, may not be redeemed for cash, and are not transferable to any other individual or entity. Club Stamps will not be accumulated on the portion of any transaction that was paid for or credited by using or redeeming Points, Club Stamps, other discounts, or promotional codes.
If you cancel a purchase or return a product for which you have collected Club Stamp(s), Atlantis Fresh Market may deduct the Club Stamp(s) that you were awarded for that purchase or product.

3. Redemptions

3.1 Redeeming Point Rewards and Club Rewards

Redemption of Point Rewards and Club Rewards are subject to availability. You may only redeem Point Rewards and Club Rewards at participating Atlantis Fresh Market stores in the U.S. Atlantis Fresh Market reserves the right to change or discontinue any PRODUCTS, and to change the amount or kind of Point Rewards or Club Rewards necessary to be eligible for redemption at any time, at our sole discretion, without notice. Once Point Rewards or Club Rewards have been redeemed, they cannot be credited back to your Account. At this time, Point Rewards, or Club Rewards may not be redeemed in the Atlantis Fresh Delivery App.

In accordance with applicable tax laws, applicable taxes are calculated and payable by any Program member on the full amount of the purchase price before any reduction for redeemed Point Rewards or Club Rewards.

If you have an Account and have properly recorded Points or Club Stamps to your Account or converted your Points to Point Rewards or are eligible to receive a free Reward Product, there may be periods of time where your accumulated Points, Point Rewards, Club Stamps, or Club Rewards do not appear in your Account. Rest assured, such Points, Point Rewards, Club Stamps, or Club Rewards are still linked to your Account, and are available for conversion or redemption in accordance with these Program Terms once availability resumes.

3.2 Obtain and Redeem Point Rewards with your Points

You may obtain Point Rewards with your Points, which can be redeemed for certain items, for discounts on eligible items, or for cents of per gallon of fuel at the time of purchase at participating Atlantis Fresh Market stores in the U.S. We reserve the right to add or delete products and services eligible for redemption using Point Rewards at any time, at our sole discretion, without notice. We reserve the right to add or remove the availability of any dollar-denominated discount eligible for redemption using Points at any time, at our sole discretion, without notice. For further details of items you can obtain with your Point Rewards, please log into your Account and follow the prompts to view the list of available items. Points cannot be redeemed on purchases of the following products/services: age-restricted items (such as cigarettes, tobacco, lottery tickets and alcohol), financial services, prepaid card products, money orders, gift cards, phone cards, stamps, Post Office stamps and merchandise, event tickets, bus tickets and passes, charitable donations, gift with purchases or as may be excluded in a particular promotions, and any other items specified as exclusions from time to time (collectively, the “Excluded Items”). In order to obtain Point Rewards with your Points, follow the prompts in your Account to convert your Points into redeemable items or in-store at the register to convert your Points into discounts (each will be represented as a redeemable item in the “digital wallet” in your Account, “Point Rewards,” and together with Club Rewards, collectively, “Rewards”). When obtaining a Reward with your Points, you must have enough Points to obtain the applicable Point Reward. POINT REWARDS MAY NOT BE USED TO OBTAIN EXCLUDED ITEMS. Once the Points you have accumulated are converted into Point Rewards, those Points will immediately be deducted from your Account, and cannot be credited back to your Account or converted into another Point Reward. You must use the same Account when converting Points to Point Rewards and cannot combine and convert Points accumulated in separate Accounts into Point Rewards.

3.3 Redeeming Club Stamps

You may only redeem Club Stamps for a free Club Reward product at participating Atlantis Fresh Market stores in the U.S. You will qualify for one free Club Reward product based upon the applicable number of Club Stamps (as we may specify) you have properly recorded to your Account and/or Atlantis Rewards Card. If you have created an Account and have properly linked and recorded the applicable number of Club Stamps (as we may specify) to your Account, your Account will be updated so that you can scan to receive your free Club Reward product. You must use the same Account when redeeming Club Stamps and cannot combine Club Stamps accumulated in separate Accounts to redeem your free Club Reward product. AT THIS TIME, CLUB STAMPS MAY NOT BE REDEEMED IN THE ATLANTIS FRESH DELIVERY APP.

4. Miscellaneous

4.1 Prohibited Conduct

In addition to the restrictions you agreed to in Atlantis Fresh Market’s Terms, you agree that any fraud, attempted fraud, suspected fraud, or abuse of the Program or these Program Terms is expressly prohibited and engaging in any of these activities will be grounds for immediate termination and disqualification from the Program and may lead to the forfeiture of all earned Points and Club Stamps.

4.2 Expiration

POINTS AND CLUB STAMPS WHICH HAVE ACCUMULATED BY AN ATLANTIS REWARDS PARTICIPANT WILL EXPIRE MONTH ISSUED PLUS TWELVE (12) MONTH AFTER THE POINT OR CLUB STAMP IS EARNED UNLESS THE ATLANTIS REWARDS CARD OR ALT ID IS LINKED TO AN ACCOUNT BEFORE THE EXPIRATION OF SUCH MONTH ISSUED PLUS TWELVE (12) MONTH PERIOD. UNLESS OTHERWISE PROHIBITED BY LAW, ALL ACCUMULATED POINTS AND CLUB STAMPS IN YOUR ACCOUNT WILL AUTOMATICALLY EXPIRE IF FOR MONTH ISSUED PLUS TWELVE (12) MONTH YOU HAVE NOT EITHER

I. USED YOUR ACCOUNT TO PROPERLY EARN AND RECORD POINTS OR OTHERWISE HAD PROMOTIONAL POINTS AWARDED TO YOUR ACCOUNT (WHICH WE HAVE NO OBLIGATION TO AWARD),
II. PROPERLY CONVERTED POINTS IN YOUR ACCOUNT TO A REWARD,
III. USED YOUR ACCOUNT TO PROPERLY EARN AND RECORD CLUB STAMPS, OR
IV. PROPERLY USED POINTS TO REDEEM A REWARD IN YOUR ACCOUNT.

IN THE EVENT THAT YOU HAVE REWARDS (INCLUDING REDEEMED POINT REWARDS AND CLUB REWARDS) IN YOUR ACCOUNT, YOU HAVE THIRTY (30) DAYS FROM THE DATE OF CONVERSION OR EARNING TO REDEEM THOSE REWARDS, OTHERWISE THEY WILL EXPIRE.

4.3 Discrepancies

If you believe there is a discrepancy with the number of accumulated Points or Club Stamps or any Rewards in your Account, you must notify us at the contact particulars below within sixty (60) days of the discrepancy date or it will be deemed correct.

4.4 Lost Atlantis Rewards Card or Compromised Accounts

If your Atlantis Rewards Card has been lost or stolen, you should notify us immediately at the contact particulars below. When Atlantis Fresh Market is made aware of a lost or stolen Atlantis Rewards Card, it will flag the card as lost or stolen and the lost or stolen card will be rendered inactive. A replacement Atlantis Rewards Card can be obtained at an Atlantis Fresh Market participating location. If the lost or stolen Atlantis Rewards Card is linked to your Account, your registration profile and the accumulated, unredeemed Points, Club Stamps and Rewards at the time such card is rendered inactive will remain intact. If the lost or stolen Atlantis Rewards Card is not linked to your Account, your accumulated Points and Club Stamps at the time such card is lost or stolen will also be lost and unrecoverable. We are not responsible for any Points, Club Stamps or Rewards used by a third party using a lost or stolen Atlantis Rewards Card, and if the lost or stolen Atlantis Rewards Card is not linked to your Account we are not responsible for the use or loss of any of your Points and Club Stamps. Should the security of your Account be compromised, including in the event your mobile phone or other electronic device capable of accessing your Account is lost, stolen, or compromised, you should re-set your Account password immediately. We are not responsible for any Points, Club Stamps, or Rewards used by a third party accessing your Account.

4.5 Member Communications

By creating an Account, you consent to receive electronic communications from Atlantis Fresh Market (e.g., via email or by posting notices on the Atlantis Rewads App or Site). These communications may include notices about promotional events, your Account (e.g., payment authorizations, password changes, security concerns and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

4.6 Promotional Events

From time to time, Atlantis Fresh Market may offer promotional events. By providing your email address, you consent to be automatically entered into our promotional events. As part of your consent, you authorize Atlantis Fresh Market to communicate with you electronically (via email) about such promotional events, and to send you the promotional events’ descriptions and official terms and conditions that apply to such promotional events. THE WINNER OF ANY PROMOTIONAL EVENTS MAY BE REQUIRED TO SATISFY ADDITIONAL CRITERIA IN ACCORDANCE WITH APPLICABLE TERMS AND CONDITIONS, INCLUDING COMPLETING AND RETURNING A WAIVER AFFIDAVIT AND LIABILITY/PUBLICITY RELEASE IN ORDER TO RECEIVE THE APPLICABLE PRIZE. In the event you are a winner, we may share your name and contact information with a third-party promotional company in order to facilitate the fulfillment of your prize and you consent to such sharing. In the event that you wish withdraw your consent to such sharing, or desire to opt out of marketing and promotional communications and events, you can do so by

i. following the instructions in the email or other communication,
ii. following the opt out instructions in the terms and conditions, or
iii. closing your Account.

4.7 Program Cancellation or Change

Atlantis Fresh Market reserves the right to change or modify the Program and these Program Terms at any time and in our sole discretion with or without notice to you. We specifically reserve the right to amend or alter the Program, any Program benefit or award/reward or these Program Terms with or without notice. If we cancel or make changes to the Program and/or these Program Terms, we may provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Program Terms. By continuing to access or participate in the Program, you confirm your acceptance of the revised Program Terms and all of the terms incorporated therein by reference. We encourage you to review these Program Terms frequently to ensure that you understand the terms and conditions that apply when you access or participate in the Program. If you do not agree to the revised Program Terms, you may not access or participate in the Program. If Atlantis Fresh Market cancels the Program, it will provide at least sixty (60) days’ advance notice of the cancellation through a notification in the Atlantis Rewards App and at www.atlantisfreshmarket.com/rewards. You are responsible for checking the Atlantis Rewards App and the Atlantis Rewards section of the Site for updates about the Program. If Atlantis Fresh Market cancels the Program, all of your Points, Club Stamps, and Rewards will automatically and immediately expire upon the effective date of cancellation. If no Points or Club Stamps are recorded in your Account for 366 consecutive days, you become bankrupt, commit fraud, misrepresent any information, violate any Terms, abuse your Program privileges or act in any other way to the detriment of us, our partners, our suppliers or the Program, we may, without affecting our other rights, disclose such information requested by proper authorities, terminate your enrollment and/or cancel your Points, Club Stamps, or Rewards. If any Points, Club Stamps, or Rewards are cancelled for any reason, they become void without compensation. Atlantis Fresh Market reserves the right, at its sole discretion, to cancel or suspend the Program without notice should a virus, bug, or any other cause beyond the reasonable control of Atlantis Fresh Market corrupt the security or proper administration of the Program.

Any fraudulent, deceptive, unauthorized, or otherwise unlawful participation in the Program or use of the Atlantis Rewards Card, the Services, or your Account is strictly prohibited, and may result in immediate termination or disqualification from the Program and cancellation of your Account. The Atlantis Rewards Card is the property of Atlantis Fresh Market and may be revoked at any time Atlantis Fresh Market in its sole discretion. Any unauthorized reproduction of the Atlantis Rewards Card may lead to legal prosecution and cancellation of your Account and the expiration of all accumulated Points, Club Stamps and Rewards.
IF YOUR ACCOUNT IS CANCELLED, ANY REMAINING POINTS, CLUB STAMPS AND REWARDS WILL EXPIRE.

4.8 Your Choices

As part of the Program, you will have access to your Account on the Atlantis Rewards App or Site, which will provide information about your Account, including your accumulated Points, Club Stamps and Rewards, and your Account preferences. From the Account, you can update your profile information and can manage Account settings, such as opt-outs.

4.9 Disclaimers

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN ATLANTIS FRESH MARKET TERMS LOCATED AT WWW.ATLANTISFRESHMARKET.COM/TERMS, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM, ATLANTIS REWARDS CARD, OR ANY PROMOTIONAL EVENTS. OUR TOTAL LIABILITY TO YOU WITH RESPECT TO THE PROGRAM, PROMOTIONAL CONTESTS, AND CONTENT THEREIN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF

I. THE TOTAL AMOUNT YOU SPENT ON SCANNED QUALIFYING PURCHASES IN THE MOST RECENT TWELVE-MONTH PERIOD, OR
II. IF YOU HAVE NOT PAID ATLANTIS FRESH MARKET, THE AMOUNT OF USD$100.

THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS

4.10 Other

The Program is void where prohibited. Your accumulated Points and Club Stamps and any Rewards available for redemption are promotional in nature, have no cash value, and cannot be sold, copied, shared, or transferred. No substitutions, assignments, or transfers of any Qualifying Purchases will be permitted. Atlantis Fresh Market’s decisions in connection with this Program are final and binding. Atlantis Fresh Market will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of Atlantis Fresh Market. Any provision of these Program Terms deemed unenforceable will be enforced to the maximum extent permissible, and the remainder of these Program Terms will remain in effect.

We reserve the right to impose volume limitations on some items, and to offer additional and/or different benefits to some members based on geographic location, participation in the Program, or other criteria determined by us.

Your Account, your Atlantis Rewards Card, and accumulated Points, Club Stamps and Rewards are personal to you, and may not be sold, transferred or assigned to, or shared with family, friends, or others, and may not be used for any commercial purpose.

The Program is subject to Atlantis Fresh Market Privacy Policy located at https://www.atlantisfreshmarket.com/privacy.

If you have any questions, comments or concerns about the Program or these Program Terms, you may contact us at the following address(es):

Atlantis Fresh Market
c/o Atlantis Management Group
Attn: Atlantis Rewards Support
555 South Columbus Ave, Suite 201, Mount Vernon, NY 10550
Phone: 888-930-7642
Email: support@atlantisrewards.com

5. Fuel Loyalty Program

The Atlantis Fresh Market Fuel Loyalty program (“Fuel Loyalty Program”) offers discounts and other benefits for fuel purchases made by Atlantis Rewards members at participating Atlantis Fresh Market stores. Any discount on fuel through the Fuel Loyalty Program is limited to $1.00 per gallon, twenty (20) gallons per transaction, and up to two (2) transactions per calendar date and is subject to the Fuel Loyalty Program terms and conditions below.
These Fuel Loyalty Program terms and conditions are subject to and made a part of Part Two of the Terms.

5.1 Eligibility & Enrollment

To be eligible to participate in the Fuel Loyalty Program and receive Fuel Loyalty Savings (“Savings”), you must be a legal resident of the 50 United States or District of Columbia and age 16 or older. If you are 16 or 17 years old, you may only participate in the Fuel Loyalty Program under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions. To accumulate Savings, you must be a member of the Atlantis Rewards Program and have a verified phone number linked to your Account. You may only have one phone number tied to your account.

5.2 Fuel Loyalty Program Description

5.2.1 Accumulating Savings

Savings will reduce the per-gallon price of fuel. You may earn Savings in the following ways, subject to the limitations set forth in Section 5.2.2:

a. For the duration of the Fuel Loyalty Program, you will receive a discount of five (5) cents per gallon off the price of fuel.
b. You may redeem Rewards Points for additional cents per gallon off the price of fuel. In order to obtain Savings with your Points, follow the prompts in your Account to convert your Points into redeemable cents off per gallon discounts (each will be represented as a redeemable item in the “digital wallet” in your Account and will be automatically applied on your next fuel transaction using Atlantis Rewards).
c. You may accumulate additional Savings when you purchase fuel via the mobile payment option in the Atlantis Rewards App (“FreshPay”) at participating stores. To accumulate Savings based on a purchase of fuel via FreshPay, you must make the purchase through the Atlantis Rewards app. For the list of participating stores, visit the Atlantis Rewards App.
d. You may accumulate additional Savings through offers when you buy products flagged “Fuel” in the Offers tab in the Atlantis Rewards App (“Fuel Qualifying Products”) at participating stores. To accumulate Savings based on a purchase of Fuel Qualifying Products, you must either

i. scan your Atlantis Rewards Card or your Account barcode or enter your Alt ID (accessed through the Atlantis Rewards App, or mobile version of the Site) at the time of purchase; or
ii. make the purchase through the Atlantis Rewards App. For the list of participating stores, visit the Atlantis Rewards App. For a list of Fuel Qualifying Products, visit the Offer tab in the Atlantis Rewards App.
Savings will not be accumulated on the portion of any transaction that was paid for or credited by using or redeeming Atlantis Rewards Points, Club Stamps, Rewards, other discounts or promotional codes. Savings will not be accumulated on the payment of taxes or fees.

5.2.2 Redeeming Savings

You must be physically present at a participating Atlantis Fresh Market location to redeem Savings. Please visit the Atlantis Rewards App to identify participating locations. You can redeem Savings before initiating your transaction at the pump by navigating to the Loyalty Cards screen in the Atlantis Rewards App, selecting the “Scan & Pay” tab and tapping the “FreshPay at Pump” button to authorize the fuel transaction.

Once you have connected your Account to the fuel transaction, Savings are automatically applied to your fuel purchase. See Section 5.2.3 for daily and transaction-based limits on redeeming Savings.

5.2.3 Limitations on Redeeming Savings

The maximum Savings that can be redeemed in a single Fuel Loyalty transaction is $1.00 per gallon per transaction, up to twenty (20) gallons per transaction, up to two (2) transactions per calendar date.

Atlantis Fresh Market reserves the right to impose geographical limitations between transactions in a single day to prevent fraud or abuse.

You may only redeem Savings using a credit card or method of payment stored in your Atlantis Rewards App. Cash payments, EBT payments, and Fleet cards are not eligible forms of payment to receive Savings.

The FreshPay 20 cents per gallon discount is off of the credit card price as advertised per location.

Savings are promotional only. Savings may not be redeemed for cash and are not transferable to any other individual or entity. Savings may also not be redeemed on prepayments of fuel.

5.2.4 Expiration of Savings

Savings expire according to the following schedule:

a. The everyday five (5) cents off per gallon discount is a Limited Time Offer and is subject to modification, amendment, or discontinuation at any time without notice to you.
b. Rewards Points redeemed for cents off per gallon discounts expire thirty (30) days from the date of purchase.
c. The ten (10) cents off per gallon discount for using our FreshPay mobile payment on your fuel purchases is a Limited Time Offer and is subject to modification, amendment, or discontinuation at any time without notice to you.
d. Savings accumulated through purchases on Fuel Qualifying Products expire sixty (60) days from the date of purchase.

5.3 Miscellaneous

5.3.1 Authorizing Limit on Card Transactions

When you initiate a fuel purchase at the pump without pre-selecting the total fuel amount, Atlantis Fresh Market will put a preauthorization hold on your method of payment which may exceed your eventual transaction amount. When your transaction is completed, Atlantis Fresh Market will issue a refund of the hold amount and your method of payment will be charged for the actual transaction amount. Depending on your bank, it may take up to several business days for the hold amount to be refunded to your account. If you wish to specify the amount placed on hold, please pre-select the amount of fuel you would like to purchase when you initiate your transaction.

5.3.2 Discrepancies

If you believe there is a discrepancy with the number of accumulated Savings in your Account, you must notify us at (888) 930-7642 within sixty (60) days of the discrepancy date or it will be deemed correct.

5.3.3 Fuel Loyalty Program Cancellation or Change

The Fuel Loyalty Program may be changed, modified, or cancelled pursuant to Section 4.7 of the Program Terms.

6. Atlantis Rewards Refer-a-Friend Referral Program

6.1 Referral Program Eligibility

The Atlantis Rewards Refer-a-Friend Referral Program (“Referral Program”) is open to legal residents of the 50 United States and District of Columbia who are at least 13 years of age at the start of the Referral Program Offer Period (defined below) and have a valid Atlantis Rewards Account.

6.2 Referral Program Offer Period

The Referral Program is a Limited Time Offer. Atlantis Fresh Market may, in its sole discretion, modify, amend, or discontinue the Referral Program at any time without notice to you. At the end of the Referral Program your Referral Codes and Referral Awards (defined below) may automatically be cancelled and you may not be permitted to redeem those Referral Codes or Referral Awards.

6.3 How to Participate

For a referrer to receive a promotional points award (that can be redeemed to receive a specified discount off the purchase price of an Atlantis Fresh Market in-store purchase or cents off per gallon of a fuel purchase) (a “Referral Award”) for sending their unique “Referral Code” to a new individual:

a. The referred person must be eligible to create a new Atlantis Rewards Account and not be a current or prior Atlantis Rewards Account owner. We will determine in our sole discretion whether the referred person is a current or prior Atlantis Rewards Account owner;
b. The referred person must have created their new Atlantis Rewards Account within 90 days of their receipt of your Referral;

i. The referred person must use your Referral Code by inputting the Referral Code on the registration page of the Alantis Rewards App and
ii. successfully have used that Atlantis Rewards Account to place an order (Orders via the Atlantis Delivery Service are not eligible for Referral Awards);

c. Referral Codes are only valid with at-site purchases. Referral Codes are not valid for Atlantis Delivery Service orders at this time.
d. You must comply with the “Referral Program Representations and Warranties” below, including disclosure of your incentivized connection with us; and
e. The referred person must be a resident of the 50 United States or District of Columbia.

Referral Awards earned from a referred person’s use of your unique Referral Code in accordance with the instructions above will be applied to your Atlantis Rewards Account. For each Referral Code used by a referred person in accordance with the instructions above and these Terms, the referred person will also receive their own Referral Award of the same value. Referral Award value is subject to change during the Promotion Period but will be specified at the time the Referral Code is sent or received. Referrals are subject to verification by us. We may ask you or the referred person to complete other reasonable requests during verification. After verification, we will apply the applicable Referral Award to your Atlantis Rewards Account. EACH REFERRAL AWARD WILL EXPIRE IF IT IS NOT USED WITHIN 30 DAYS AFTER IT IS APPLIED TO YOUR ATLANTIS REWARDS ACCOUNT.

LIMIT: MAXIMUM OF TEN (10) REFERRAL AWARDS FOR EACH TWELVE (12) MONTH PERIOD CAN BE EARNED TO YOUR ACCOUNT THROUGH THE REFERRAL PROGRAM DURING THE REFERRAL PROGRAM OFFER PERIOD (REGARDLESS OF HOW THE REFERRAL AWARDS ARE EARNED). ANY ADDITIONAL REFERRAL AWARDS EARNED WHILE YOU HAVE TEN (10) REFERRAL AWARDS IN YOUR ACCOUNT ARE VOID. YOU MUST NOT ENGAGE IN FRAUDULENT BEHAVIORS OR SPAM TO OBTAIN REFERRALS, VIOLATE ANY ATLANTIS FRESH MARKET TERMS OR VIOLATE ANY LAWS, RULES, REGULATIONS, OR THIRD-PARTY TERMS OR POLICIES TO OBTAIN REFERRALS. SUCH BEHAVIORS MAY RESULT IN DISQUALIFICATION FROM THE REFERRAL PROGRAM.

6.4 Referral Program Representations and Warranties

You represent and warrant that:

a. You satisfy all of the Referral Program eligibility requirements, and that you will not send unsolicited bulk emails or other referral mediums (spam) and will comply with all applicable “SPAM” laws.
b. You will disclose your connection with us when sending Referral Codes to others (e.g., “After you use your code, I will also receive a <$x> credit.”).
c. You will not engage in any of the prohibited activities listed below. The following actions, each as determined by Atlantis Fresh Market in its sole discretion, are strictly prohibited and we may void your Referral Awards, and terminate your participation and/or the Atlantis Rewards Account of the person that you refer:

i. Use multiple accounts, including with different email addresses, for the same person in order to generate additional Referral Awards;
ii. Enter into any agreement with any third-party that compensates the third-party for promoting the Referral Program or your Referral Code;
iii. Refer persons using spam, display or paid advertising, sponsored links, or links on message boards or forums;
iv. Refer persons using mass forms of communication, including posting on social media platforms and all communications must be with single individuals;
v. Use false names, impersonate other people, pretend that one person is two or more separate people, seek to refer yourself, or otherwise provide false or misleading information in connection with this Referral Program;
vi. Violate the letter or spirit of these Terms in any way.

6.5 Referral Program General Terms and Conditions

The Referral Program and Referral Rewards are void where prohibited by law. Your accumulated Referral Awards available for redemption are promotional in nature, have no cash value, and cannot be sold, copied, shared, or transferred, and are for individual use only. No substitutions, assignments, or transfers of any Referral Awards will be permitted. Referral Awards and Referral Codes may not be applied toward previous purchases or the purchase of gift cards. Atlantis Fresh Market’s decisions in connection with this Referral Program are final and binding. Atlantis Fresh Market will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of Atlantis Fresh Market. Any provision of these Referral Program Terms deemed unenforceable will be enforced to the maximum extent permissible, and the remainder of these Referral Program Terms will remain in effect.

We reserve the right (in our sole discretion) to disallow Referral Awards that were issued in error or that were not earned legitimately. We reserve the right to make certain Referral Codes or Referral Awards selectively available to certain individuals at any time based on activity, geographic location, program participation or other factors determined in our sole discretion. The receipt of a Referral Code or a Referral Award does not entitle Referral Program participants to any vested right with respect to the Referral Code or Referral Award or the Referral Program. You agree the Company will not have any liability for any modification or termination of the Referral Program, even if any modification or termination affects your ability to use any Referral Codes or Referral Awards already issued. Upon termination of the Referral Program, your Referral Codes and Referral Awards may automatically be cancelled and you may not be permitted to redeem those Referral Codes or Referral Awards. We are not responsible for Referral Codes or Referral Awards lost due to fraudulent or unauthorized use of your Account. You agree not to engage in fraud or abuse in your use of the Referral Program. Any fraud or abuse relating to your accumulation of Referral Codes or Referral Awards or distribution of Referral Codes or other non-compliance with these Terms, all as determined in our sole discretion, may result in the annulment of all Referral Awards earned under the Referral Program, and we may terminate your ability to participate in the Referral Program. We reserve the right to monitor all Referral Program activity and terminate your Account and/or your participation in the Referral Program if we believe (in our sole discretion) that you have violated the Terms, provided false or inaccurate information, abused the Referral Program, or that the use of your Atlantis Rewards Account is unauthorized, fraudulent, or otherwise unlawful or in violation of these Terms or the terms and conditions of any other agreement you may have with Atlantis Fresh Market. Atlantis Fresh Market will have final decision in any disputes over Referral Codes, Referral Awards, or your participation in the Referral Program.

The Referral Program is subject to Atlantis Fresh Market’s Privacy Policy located at https://www.atlantisfreshmarket.com/privacy.

We reserve the right in our discretion at any time and with or without prior notice to you to add to, remove, or otherwise change these Reward Program Terms, including, without limitation, by changing the Referral Awards, modifying how you may earn Referral Awards, modifying the duration and expiration of Referral Awards, changing the maximum amount of Referral Awards that you may earn, and discontinuing the Referral Program entirely. We will post an updated version of these terms on the www.atlantisfreshmarket.com/terms website, and you will be deemed to have accepted such changes by continuing to use the website, Atlantis Rewards App, or the Referral Program after the date such changes are posted. We may also choose to send you an email or other notice of any such changes.

Part Three – Terms Applicable to Use of the Atlantis Fresh Delivery Service on the Atlantis Rewards App and the Atlantis Fresh Delivery Website

These terms govern the purchase and sale of Products from and by Atlantis Fresh Market through the Atlantis Rewards App and the Atlantis Delivery Website.

1. Atlantis Delivery Services

Atlantis Fresh Market wants to make the Products you love available to you in ways that are convenient to you. In furthering this mission, we created the Delivery service on the Atlantis Rewards application (the “Delivery via Atlantis Rewards App”) and the Atlantis Delivery website (the “Atlantis Delivery Website,” together with Delivery via Atlantis Rewards App, collectively the “Atlantis Delivery Service”), which give users the capability to order Products for delivery or pickup. Atlantis Delivery Service is currently beta software, meaning that it is still in development and may not function fully or may not function without error. During this test phase, delivery and pickup services are limited to participating locations. All Orders placed using the Atlantis Delivery Service are subject to availability and your acceptance of these Terms.

2. Acceptance of Order

Your placement of an Order does not necessarily assure that we will accept your Order. We reserve the right to refuse any Order in our sole discretion for any reason, including but not limited to lack of availability, errors on the Atlantis Delivery Service, and/or errors in the Order. Once a properly completed Order is received, authorization of your form of payment is received and we have accepted your Order, we will begin preparing your Order for pickup or delivery, as applicable, and will send you an Order Confirmation.

3. Guest Checkout

You must have a valid, active Account to use the Atlantis Delivery Service. If you do not have an Account, you may create one at the time of your Order. Accounts are subject to the terms set forth in Part Two above.

4. Pricing and Availability

All prices are shown in U.S. dollars, and taxes, shipping, and handling charges (if any) are additional. PRICES, PROMOTIONS AND OFFERS DISPLAYED IN THE ATLANTIS DELIVERY SERVICE ARE SOMETIMES DIFFERENT THAN THE PRICES, PROMOTIONS, AND OFFERS THAT ARE DISPLAYED IN, OR ADVERTISED FOR, OUR ATLANTIS FRESH MARKET STORES OR ON THE ATLANTIS FRESH MARKET APP. FOR EXAMPLE, SOMETIMES ATLANTIS DELIVERY SERVICE PRICES WILL BE HIGHER THAN IN-STORE OR IN ATLANTIS REWARDS APP PRICES. We reserve the right to charge a “Small Basket Fee” if your Order does not exceed a minimum amount, which may vary by area. You will be advised of any applicable Small Basket Fee prior to checkout. At the present, you may not redeem rewards, coupons, or other promotions offered as a part of the Atlantis Rewards Program for Orders placed via the Atlantis Delivery Service. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at support@atlantisfreshmarket.com.

The delivery fee quoted at checkout may be different than the actual delivery fee for your Order. Differences may occur based on changing availability of drivers, changes in traffic, and other factors between the time you submit your Order and the time your Order is dispatched for delivery and are determined solely by our third-party delivery partners. You agree to pay any such differences in delivery fee and that Atlantis Fresh Market is under no obligation to inform you of such changes before charging your payment method for the actual delivery fee.

5. Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to delete your payment method or add a new payment method, you can do so at any time by accessing your “wallet” within the Atlantis Delivery Service.

In some cases, we (or our third-party payment processor) may authorize or reserve a charge on your payment method. The authorization is not a charge. However, it may reduce your available credit by the authorization amount. In the event that the amount of our authorization exceeds the total funds on deposit in your payment account, you may be subject to overdraft or non-sufficient funds charges by the bank issuing your payment method. We are not responsible for these charges and are unable to assist you in recovering them from your issuing bank.

When checking out within the Atlantis Delivery Service, you may choose to store your credit / debit card information for future use. This information will not be stored by Atlantis Fresh Market but by our payment processor. This information will only be used to pay for purchases through the Atlantis Delivery Service when you choose to use the stored card.

6. Points for Purchases

Purchases made through the Atlantis Delivery Service may not be eligible to earn or accumulate Atlantis Rewards Points. From time-to-time, we may, in our discretion, award promotional points in association with purchases made through Atlantis Delivery Service but are under no obligation to do so.

7. Deliveries

Once you place your Order, you will be provided with an estimated delivery time at checkout. This time is only an estimate and your actual delivery time may be longer or shorter depending on a variety of factors including, among others, traffic, distance, availability of delivery agents at any given time, and weather. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. Atlantis Fresh Market reserves the right to charge you the full Order amount if you or your designated recipient is not at the designated delivery location when the delivery agent arrives to complete the delivery as well as a restocking or return fee. For deliveries containing alcohol or other age-restricted products, see Section 11 below for additional requirements. You acknowledge that transportation or logistics services are provided by third party independent contractors who are not employed by Atlantis Fresh Market.

8. Cancellations

When you place an order on Atlantis Delivery Service, Atlantis Fresh Market will place a hold authorization on your card for the amount of the transaction. The transaction is not processed until your order is successfully delivered or picked up.

When an order is cancelled in time, Atlantis Fresh Market reverses the charge and releases the hold authorization. The pending charge will just drop off. Because there was nothing deducted from your account, there is nothing to ever credit back to your account upon the cancellation.

You may cancel your order, but your eligibility to not be charged depends on the status of the order and applicable laws and regulations.

For Delivery Orders, if you have placed an order for delivery, you cancel your order, and the status of your order is “in progress or ready, and a driver has not been assigned,” then your payment has not been and will not be processed. However, if you have placed an order for delivery, you cancel your order, and the status of the order is either :Order is in progress or ready, and driver has been assigned” or “Order is out for delivery and on time,” then your payment has been processed and, subject to applicable laws and regulations, you are not eligible for a charge reversal.
For Pickup Orders, if you have placed an order for pickup, you cancel your order, and the status of your order is either “Order is in progress” or “Order is ready” and the cancellation notification is received within the first 30 minutes of the submitted order, then your payment has not been and will not be processed.

However, if you have placed an order for pickup, you cancel your order, and the status of your order is “Order is ready”, but the cancel notification was received past the first 30 minutes of the submitted order, then your payment has been processed and, subject to applicable laws and regulations, you are not eligible for a charge reversal.

9. Refunds

Atlantis Delivery Service customers who receive defective or incorrect items may be eligible for refund for that particular item(s). To receive a refund, customer must:

1. from the Atlantis Delivery Service, locate your PAST ORDER history, tap your order, and select the option matching your request.–once submitted, you will receive a confirmation email with a ticket number;
2. the refund must be requested within 24 hours of the original order for the item(s); and
3. a photo of the defective/incorrect product must be received by Atlantis Fresh Market to verify defect or incorrect receipt. All three criteria must be met for the defective or incorrect items are eligible for refund.
Subject to applicable laws and regulations, Atlantis Delivery Service customers who order an item which is not received, are eligible for refund if the non-delivered items are reported to the call center within 24 hours of the expected delivery. Atlantis Fresh Market reserves the right to not issue refund upon abuse of this policy.

Atlantis Fresh Market and its delivery partners reserve the right to refuse delivery to a customer who

1. is not of legal age in accordance with applicable laws and regulations;
2. is unable to provide a valid government issued ID;
3. if the name on the ID does not match the name on the order; or
4. is visibly intoxicated at the time of delivery.

If the delivery partner is unable to complete the delivery of alcohol or other age restricted products for one or more of these reasons, the customer may be charged a 100% re-stocking fee.

Refunds are not available for items when:

1. customers refuse delivery;
2. customers are not at the designated delivery location when delivery partner arrives with order or fails to pick up an order; or
3. subject to applicable laws and regulations, customer requests the refund more than 24 hours after initial purchase (or 24 hours after non delivery of purchase).

Once the refund is approved, the amount to be refunded will be credited back to the card or payment vehicle used to make the initial purchase. The timing of your credit to be received on will depend on your card issuer’s policy. Under no circumstances will any refund be made with cash. All refunds are processed through Atlantis Fresh Market support and are not available at any store location.

10. Taxes

We will collect applicable sales tax on Products shipped in the states for which we determine we have a duty to collect sales tax. If a Product is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

11. Product Information Disclosures

While we work to ensure that Product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown via the Atlantis Delivery Service, at an Atlantis Fresh Market store, or in an Order confirmation. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a Product. For additional information about a Product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither Atlantis Fresh Market, its content provider(s) nor Product manufacturers assume any liability for inaccuracies, misstatements, or omissions. In the event of an error, whether on the Atlantis Delivery Service, at an Atlantis Fresh Market store, in an Order confirmation or in processing an Order, or delivering a Product, we reserve the right to correct such error and revise your Order accordingly (including charging the correct price) or to cancel the Order and refund any amount charged.

12. Orders Containing Alcohol

You may have the option to order alcohol Products from participating locations. You agree that you will comply with all applicable laws and not cause Atlantis Fresh Market to contravene any applicable laws. You agree that you are 21 years of age or older if you order alcohol Products. You agree to provide valid government-issued identification during the ordering process and again upon pick-up or delivery of alcohol Products. You agree that we cannot deliver alcohol Products to “dry” areas or areas where possession of alcohol is otherwise prohibited, or to persons who are under the legal age or who, in the sole determination of the delivery agent, are intoxicated when receiving delivery of such Products. Lastly, you agree that if any applicable legal requirements for the delivery of alcohol are not met, Atlantis Fresh Market reserves the right to cancel either the alcohol-related portion, or your entire Order, in its sole discretion.

13. No Resale

You are not permitted to resell or otherwise use the Products for commercial purposes.

14. Customer Service

If you have any questions or concerns relating to your Order, please contact us at support@atlantisfreshmarket.com.