Terms and Conditions

Please read these terms & conditions carefully before using our website or placing an order with us (collectively, our “Services”). These terms tell you what you need to know about our Services. If you think that there might be a mistake in these terms, please let us know. We may revise these terms and conditions without notice by posting revised terms and conditions on our website.  The terms and conditions posted on the website at the time you place your order will govern that purchase.


You represent that you are of legal age to form a binding contract with us, and to the extent you are using our Services on behalf of an organization, you represent that you are authorized to accept our posted terms on behalf of the organization (and references to “you” or “your” in our terms are understood to apply to both you and your organization). If you have entered into a specific agreement with us for certain services we provide, the terms of that agreement will control to the extent there is any conflict with these terms. FOR USERS OF THE SERVICES LOCATED IN THE U.S.A.: PLEASE SEE SECTION 19 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, INCLUDING MANDATORY ARBITRATION AND A WAIVER OF RIGHTS TO A JURY TRIAL OR CLASS ACTION.


1. Who am I purchasing from?


Your order will be placed and fulfilled by FC SPORTSWEAR AND RETAIL SERVICES LIMITED (“FC”) – a company incorporated and registered in England and Wales with company number 14551996. Our main office is at 2nd Floor Fourways House, 57 Hilton Street, Manchester, M1 2EJ and our registered VAT number is GB454100631. FC operates the atptourstore.com website and related retail services on behalf of ATP TOUR, INC. (“ATP”).


2. Interpretation:


In these terms, “we” means FC, the operator of the atptourstore.com website (and “us” and “our” will be construed accordingly); “you” means our customer or potential customer for products (and “your” will be construed accordingly); and "Protected Party" or "Protected Parties" means FC, ATP, and their respective parents, subsidiaries, affiliates, and their and their respective officers, directors, employees, agents, representatives, licensors, and service providers.


3. How to contact us:


You can contact us here and/or via our live chat service on the website.


You can email us at: support.atpstore@levymerch.com


When contacting us, please provide us with the following information for a prompt response:


•    Your Full Name
•    Your Email Address
•    Your Mobile or Contact number
•    Your Order number (If applicable)
•    A description of your query to help us to deal with your request effectively

If we have to contact you, we will send an email to the email address you provided to us when placing your order online.


4. Intellectual property, copyright and trademarks:


All text, graphics, logos, button icons, images, audio clips, videos, software, downloads, and any other content present on this website is the property of FC, ATP or their respective licensors, and is subject to various United States and international copyright laws. Copyrights, trademarks or trade dress of FC, ATP or their respective licensors may not be used without the prior written permission of the relevant owner. Such items include our name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of ATP products, services, and programs. Your use of the material found on this website is limited to the electronic copying and printing of site pages for personal, non-commercial reasons (e.g., printing an order confirmation page or other purposes related to ordering or shopping for merchandise). Without the explicit written permission of ATP, any other use of content found on this website (including linking and framing) is strictly prohibited.


You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete our content, or retrieve or record information about the Services or its users; (d) merge the Services or our content with another program or create derivative works based on the Services or our content; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or our content; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer our content or access to the Services to others; (g) use, or allow the use of, the Services or our content in violation of any applicable laws or regulations; (h) otherwise act in a fraudulent, illegal, misleading, malicious or negligent manner when using the Services; (i) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (k) access or use the Services by means of any automated program, expert system, electronic agent or “bot”, or in connection with training or using an AI tool; (l) give any other person or entity unauthorized access to the Services or (m) scrape, copy, republish, license, or sell any of our content.


If you choose to send us feedback, recommendations, issues, information, ideas, suggestions, or other materials in connection with our business, products or Services, you agree that we and ATP are free to use it for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you, and without any commitment to confidentiality unless we expressly provide otherwise.


We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or these terms. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us via the contact information provided above.


5. Placing an order:


Orders are placed through our website. Once you’ve added the product(s) you’d like to your basket, you’ll go through our checkout procedure where you’ll need to enter your contact details, delivery and billing information. Please check your order (e.g. the product(s), size(s) and delivery address) before clicking the “complete order” button or the “pay now” button.


Your order is an offer from you to us to buy the product(s) in your basket. After you place an order, you will receive an email from us confirming that we have received it. Our official acceptance of your order takes place when we email you to confirm we’ve dispatched your product(s). It’s at this point that a purchase contract will come into existence between you and us. When we acknowledge your order, we’ll also confirm your order number. If you need to contact us about your order, you should quote this number.


To order our products, you must be at least 18 years old and be authorised to use the payment method which you use to pay for the products you order. If you are under 18, you may place an order only with involvement of a parent or guardian.


6. Our rights to cancel your order:


In the unlikely event that we’re unable to fulfil your order (e.g. because the product is out of stock, we haven’t been able to verify the billing information you’ve provided, you have requested delivery to a country that we do not currently ship to, or there has been an error in the pricing or description of the product), we’ll let you know by email and we won’t charge you for the product.


We provide our products for your personal use only. We may cancel an order if we notice something unusual or suspect that our products are being exploited for any commercial, business or re-sale purpose. If this happens to you and you think we’ve made a mistake, get in touch with our customer service team through our online form at atptourstore.com/pages/contact.


We may have to suspend the supply of a product to you to:

  1. deal with technical problems or make minor technical changes;
  2. update the product to reflect changes in relevant laws and regulatory requirements; and/or
  3. make changes to the product as notified by us to you.


7. Our products:


We provide sports apparel, including clothing, footwear and accessories.


Any pictures of our products (and packaging) on our website are for illustrative purposes only. We work to ensure that colours are displayed accurately but we can’t guarantee that a device’s display of the colours exactly reflects those of our products.


You can purchase a gift card from us in the same way as any of our other products, however:

  1. if you purchase a gift card online from atptourstore.com it will be issued to you in the form of a digital code;
  2. gift cards are valid for 12 months from the date of purchase;
  3. gift cards purchased online from atptourstore.com may only be redeemed on our website;
  4. gift cards cannot be exchanged for cash, resold or transferred and you cannot purchase a gift card using another gift card as payment. No cash change or credit will be given on purchases made using a gift card;
  5. we accept no responsibility for lost or stolen gift cards, or if any gift card is used without your permission; and we are unable to replace gift cards if lost or stolen; and
  6. to check your gift card balance, check your account online or contact support.atpstore@levymerch.com.

 

8. Delivery:

 

Information regarding delivery timescales, charges, delivery destinations and exemptions can be found here.


Any customs, duties or additional charges which apply to your order (if your order is delivered outside of the UK, for instance) will be your responsibility and are not included in the delivery costs.


When we deliver the products to you will depend on the delivery method you select during the order process, please refer to our delivery timings here. If you are buying products during promotional periods, it may take a little longer for our products to be delivered to you.


We are not responsible for delays outside our control. If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather), we’ll let you know as soon as possible. If there is a risk of substantial delay, you can contact us to cancel your order and we’ll refund you for any products you’ve paid for but not received.


If you are not available when the product is delivered. If no one is able to take delivery and the products cannot be posted through your letterbox, the courier will notify you of the delivery attempt and tell you how to rearrange delivery or collection of the products.


9. Your rights to terminate the agreement:


You may be entitled to cancel certain orders with us. Your rights will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to terminate, as set out below. We’re under a legal duty to supply products that are in conformity with these terms and nothing in these terms will affect your legal rights to which you are entitled by applicable law.


If what you have bought is faulty or differs substantially from how it is described on our website you may have a legal right to cancel your order (such as to get the product replaced or to be given a refund). In this case, the return will be free in the United Kingdom provided you return the product to us within 30 days (unless stated otherwise on our website) from the date you receive it.


If you want to cancel your order because of one of the reasons set out below, the order will be promptly cancelled, we will refund you in full for any products which you have paid for but which have not been supplied to you. The reasons are:

  1. we have told you about an upcoming change to the product or these terms which you do not agree to;
  2. we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
  3. we have told you that supply of the products may be significantly delayed because of events outside our control;
  4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or
  5. you have a legal right to terminate the purchase because of something we have done wrong.


If you have changed your mind about the product. We offer a goodwill guarantee which gives you 30 days (unless stated otherwise on our website), to change your mind and receive a refund instead of the standard 14 days (which does not affect your legal rights in relation to faulty products). You have 30 days (unless stated otherwise on our website), from the day you (or someone you nominate) receives the products to change your mind. If your products are split into several deliveries over different days, you have until 30 days (unless stated otherwise on our website), after the day you (or someone you nominate) receives the last delivery to change your mind. In either case, you will need to pay the cost of the return as set out in our returns process at https://atpstore.loopreturns.com/. Please note that some products can’t be returned, such as:

  1. products sealed for health protection or hygiene purposes (e.g. swimwear, underwear or socks) that have been unsealed after you receive them or are not in their original packaging or have had any tags or the hygiene slip removed;
  2. water bottles which have been unsealed or used in any way;
  3. any product which has been damaged, worn, used in any way or has had the care label cut and/or removed;
  4. any product which is missing any component part(s) when returned by you (unless this is because of something we have done); and
  5. any products which become mixed inseparably with other items after their delivery.

 

In all other cases (if we are not at fault and there is no right to change your mind). Even if we are not at fault and you do not have a right to change your mind, you can still cancel the order before the products are delivered and paid for – just contact us to let us know.


10. Returns, refunds and exchanges:


To cancel the order with us, ask us any questions or in the unlikely event that you have any complaints about the product, please let us know by contacting our customer service team through our online form at atptourstore.com/pages/contact, through live-chat, through the support section or via any of the other options on our website. Please provide your name, email address, phone number, and a brief description of how we can help, including any purchase details such as your order number.


If you cancel the order for any reason after products have been sent to you or you have received them, you must return them to us. To initiate a return or warranty claim, please visit our Returns Portal at https://atpstore.loopreturns.com/ and follow the relevant instructions, including (if specified) printing a returns label. Please make sure that the products are returned to us within 7 days of producing a return request. Returns initiated outside of the United Kingdom will not be eligible for a free return label and the cost of the return will need to be incurred by you.


We will refund you the price you paid for the products (including delivery costs where applicable) by the method you used for payment unless you specify that you would like store credit. For purchases made by part-card and part-gift card, the refund will be applied to the gift card first. If you used a discount code to buy the product, the amount refunded will be reduced to take into account the benefit of any discount which you received when buying the product. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the day we receive the unused product back from you, but usually quicker.


ALL PURCHASES THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE EXCEPT TO THE EXTENT EXPRESSLY PROVIDED HERE OR UNDER APPLICABLE LAW.


11. Our rights to cancel an order:


We may terminate your right to use our Services and/or cancel an order if you violate our terms. We may also cancel an order for a product at any time by writing to you if:

  1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the address for delivery; or
  2. you do not, within a reasonable time, allow us to deliver the products to you.


If we cancel an order in the situations set out above, we will refund any money you have paid to us for products we have not provided.


12. Price and payment:


Prices for products are quoted on the website. Prices quoted are inclusive of Value Added Tax (VAT) but may not include other applicable taxes (such as in the US). We take reasonable care designed to ensure that the price of the product advised to you is correct. We do offer alternative payment options via other services such as PayPal. Please note that additional terms and conditions will apply if you choose one of these options.


We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we’ll adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.


We may change the price of our products. Sometimes we need to make changes to the price of some of our products. When this happens, we’ll endeavour to timely update the prices on our website. If you placed your order for a product before the price change, the price will be as stated on our website at the time when you placed your order.


It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, if the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the purchase, refund you any sums you have paid and require the return of any products provided to you.


We accept payment by ShopPay, Visa, Mastercard, PayPal, Google Pay, Klarna, and Apple Pay. We will not charge you until we dispatch the products to you, although the price payable by you for the products may appear as pending transactions against the payment method you use.


We also offer the option for you to purchase using Klarna Bank (AB) (publ). The availability of these options to you is subject to approval by Klarna. Further information and the terms which apply to these options can be found at atptourstore.com/pages/klarna.


Please note that we reserve the right to withdraw or suspend any payment options at any time at our sole discretion.


13. Discount codes and promotions:


From time to time we will create discount codes (“Codes”) via email or other marketing channels. These Codes will allow a discount to be applied to an order at atptourstore.com. To apply a Code please enter it (and remember to click “apply”) where specified during the checkout process.


Please note: Codes are valid for a limited period of time as specified in the relevant email or marketing communication, and they cannot be used outside of that time period. Codes should not be shared, sold or transferred.


Save as expressly stated in the relevant email or marketing communication, Codes are only valid on full-priced items and cannot be used on sale, outlet or promotional items, or to purchase gift cards.


Only one Code can be applied per order. Codes cannot be used in conjunction with any other offer.


Codes cannot be applied towards delivery charges unless the code is specifically a delivery charge discount.


Returned items will be refunded at the discounted price paid (the discount applied between the goods proportionately). Where a qualifying spend is noted in relation to use of a Code, if items purchased using that Code are later returned to us which brings the amount spent below any qualifying level, the offer value may be deducted from any refund. This does not affect your statutory rights. A discount will not be applied to items subsequently replaced.


Orders are subject to stock availability and acceptance by us. We reserve the right to decline to accept orders where, in our reasonable opinion, a Code is invalid for the order being placed or is the subject of improper use or fraudulent activity.


We reserve the right to revoke, withdraw, amend or extend offers at any time without notice. Any orders or items containing voucher codes or promotions that have been subject to abuse or do not adhere to our terms can be cancelled.


Specific offer terms and conditions are provided with each Code - for specific information relevant to that Code, please refer to the email or marketing communication on which it is featured.


14. Reviews, blogs and comments:


We may provide blogs and reviews as a way for you to find out about products and to share comments with us and with other users. We do not commit to pre-screen comments before they go up and therefore are not responsible for their content; however, we will edit or remove material when we feel it is necessary or appropriate to do so, such as with respect to unsuitable or unlawful content. Posting a comment is simple: no registration with the website is required – just enter your name and a valid email address. Though we encourage you to make use of our blog feature, we do not necessarily endorse content posted by users. We want to make the blog as much yours as possible, but there are some guidelines we ask that you consider when posting a comment.


What to avoid:

  1. Language that could be perceived as offensive, libelous, defamatory, indecent, harmful, harassing, infringing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, profane, sexually explicit, or sexually/racially/culturally/ethnically offensive;
  2. Personally identifiable information, such as an email address, physical address, IM screen name, or phone number;
  3. Advertising or commercial content that solicits products or services;
  4. Junk mail, chain letters, and spam;
  5. Impersonating information (be yourself);
  6. False, misleading, inaccurate, fraudulent, or deceptive content;
  7. Information that is in violation of local, state, federal, or international law;
  8. Viruses; and
  9. Content intended to obtain passwords or account/private information from other users.


By using this website, you agree that you will not:

  1. Use the website in any way that may lead to the encouragement, procurement, or carrying out of any criminal activity, or to promote any business, products, or services;
  2. Use foul, threatening, or offensive language including, without limitation, defamatory, libelous, racist, sexist, ageist, homophobic, or sexually explicit language;
  3. Distribute illegal, copyright infringing, advertising, indecent, or offensive material, or transfer files that contain viruses, Trojans, or other harmful programs; or
  4. Use the website for any purpose other than your personal use.

 

15. Our responsibility for loss or damage suffered by you:


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND WEBSITE CONTENT IS AT YOUR OWN RISK AND ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PROTECTED PARTIES DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL THE PROTECTED PARTIES BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS THE PROTECTED PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

 

The provisions in these terms are intended to be only as broad and inclusive as is permitted by the laws of your state and country of residence. We reserve all rights, defenses and permissible limitations under the law of your state of residence. In some jurisdictions we may be responsible to you for foreseeable loss and damage caused by us, for example, if we fail to comply with these terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the order was made, both we and you knew it might happen.


We do not exclude or limit in any way our liability to you where it would be unlawful to do so. In some jurisdictions this may include liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care); and for defective products under the U.K. Consumer Protection Act 1987.


We are not liable for business losses. We only supply the products for private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


16. Indemnification:


To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Protected Parties from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees and costs, resulting from or arising out of (a) your breach of these terms; (b) your misuse of the Services; (c) your violation of any law or the rights of a third party; or (d) any content you submit, post, or otherwise make available through the Services. This indemnification obligation will survive the termination of these terms and your use of the Services.


17. How we may use your personal information:


We will and ATP only use your personal information as set out in our respective Privacy Notices, posted here and at https://www.atptour.com/en/privacy-policy.


You can also read our Cookie Policy by going to atptourstore.com/pages/cookie-policy


18. Other important terms:


We may transfer these terms and our business to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contractual relationship within seven days of us telling you about it and we will refund you any payments you have made in advance for products not provided.


You need our prior written consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.


These terms form an agreement between you and FC. You acknowledge and agree that ATP is an intended third-party beneficiary of these terms and has the right to enforce any provisions of these terms directly against you. No other person shall have any rights to enforce any of its terms.


We may change these terms at any time. We may make changes to these terms at any time to reflect changes in the law or for any other reason. The most up-to-date version of our terms will always be displayed on our website so please have a look before placing an order for our products to ensure you know about any changes which may have been made since your last visit to our website.


If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.


Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your violating these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.


Which laws apply to these terms and where you may bring legal proceedings? Except with respect to U.S.A. residents (addressed below), these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live in Europe, you can file a court case regarding the products with the competent European court or the English court. If we take legal action against you, we will take them to the English courts. Within one month after we have invoked this provision, you have the right to opt for dispute resolution by a competent European court.


This is the entire agreement. You acknowledge that you have read and understood and agree to be bound by these terms, and agree that these terms, together with our posted Privacy Policy and any other posted requirements on our website constitute the complete and exclusive statement of the agreement between you and FC and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.


19. For U.S.A. Residents – Governing Law; Arbitration; Waiver of Class Action Claims:


U.S.A. RESIDENTS SHOULD READ THIS SECTION CAREFULLY SINCE IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.


If you live in the United States, (i) the laws of the State of Florida, excluding its conflicts-of-law rules, shall govern these terms and our Services, and (ii) you agree that any and all claims, disputes, controversies, actions or proceedings (collectively the “claims”) relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of our Services and any and all of our products, through all merchandising channels, including but not limited to, the internet, this website, any app, social media, telephone, catalogue, radio, television, mobile device and participating retail stores (collectively the “Sites”), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") except with respect to (i) Consolidated Arbitration as provided below, or (ii) claims by us for injunctive or other non-monetary relief in a court of competent jurisdiction.


We are reachable via the contact information provided in these terms to address any concerns you may have regarding your use of our Services and any purchases. Before commencing any arbitration, you must give us notice of any claims, in writing, and participate in a meeting that you must attend personally (not solely through your counsel) if we request to resolve any dispute, claim, question, or disagreement directly through consultation and good faith negotiations. We may then attempt to resolve your claim. If the dispute is not resolved within 30 days, you may demand an arbitration pursuant to the terms below.


Excluding Consolidated Arbitration and claims by us for injunctive or other non-monetary relief, you agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA and subject to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.; (ii) the arbitration shall be held telephonically with written submissions, or based on written submissions only (at your option), with the arbitrator’s fee to be paid by us (unless the arbitrator finds that your claims are frivolous, in which case you will pay the arbitrator’s fee), if the amount in controversy is $10,000 or below, or, for amounts in controversy in excess of $10,000 in person at a location determined by the AAA pursuant to the Rules and Procedures of the AAA, with the arbitrator’s fee to be allocated equally between the parties; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, and (v) your claim shall be arbitrated on an individual basis, and that you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any claims subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated and may only resolve claims, and render awards between you and the applicable Protected Party alone. With the exception subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. If subpart (v) is invalidated, there shall be no right to arbitration of claims on any class or collective basis, but instead any attempt to assert claims on a class or collective basis of any kind must be pursued in a court of competent jurisdiction. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at //www.adr.org. The arbitration shall be strictly confidential.


Notwithstanding the foregoing, in the event that five (5) or more individuals seek to initiate (or do initiate) arbitration proceedings against us in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then instead of such arbitrations being administered by AAA, we may elect to consolidate such arbitrations (“Consolidated Arbitration”) without AAA before an arbitrator mutually agreed-upon by the parties (and terminate any pending filing, proceeding or administration by AAA), with such arbitrator being a retired federal or state judge and experienced with the subject matter of the arbitration.


You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address: support.atpstore@levymerch.com. You must provide your name, address, email that is associated with your ATP account if there is one, and a clear statement that you want to opt out of this arbitration provision, within the later of 30 days after your first use of the Sites, or within 30 days of substantive changes, if any, being made to these Terms and Conditions, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this section. If you opt out of these arbitration provisions, ATP will similarly not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Sites will be deemed to be your irrevocable acceptance of these Terms and Conditions and any changes/updates to this section or otherwise.


If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, you and the ATP agree to waive, to the fullest extent allowed by law, any trial by jury.


Class Action Waiver:


READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.


You agree that except for Consolidated Arbitration, you and the Protected Parties will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these terms in connection with our website, Services or any purchases will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding, and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these terms or in connection with our website, Services or any purchases hereunder.


The terms of this provision will also apply to any claims asserted by you against any of the Protected Parties.


20. Links in the Services


Although we may control some of the hyperlinks in the Services, other links within the Services may lead to third-party sites such as social media platforms. We include these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that we are in any way affiliated with the linked site. The Services do not incorporate any materials appearing in such linked sites by reference. We reserve the right to terminate a link to a third-party website at any time. The third-party sites are not controlled by us, and they may have different terms of use and privacy policies, which we encourage you to review.


21. Linking to the Services


You may link to our website in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these terms. We may disable any social media features and any links at any time without notice in our sole discretion.


These terms were last updated on December 26, 2025.