Website and App

Terms & Conditions of Use

Last Updated: September 3, 2025

Thank you for visiting the Harris Teeter website.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES OR MOBILE APPLICATIONS YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND HARRIS TEETER AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE CAREFULLY REVIEW THE ARBITRATION PROCEDURES SECTION FOR COMPLETE DETAILS. DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

These Terms and Conditions of Use (“Terms”) apply exclusively to Harris Teeter, LLC ("Harris Teeter"). The Terms do not alter in any way the terms or conditions of any other agreement you may have with Harris Teeter, or our subsidiaries or affiliates, for products, services or otherwise (for example, Harris Teeter Gift Card Terms and Conditions and Harris Teeter Affiliated Credit Card Terms and Conditions).

1. USE OF THE SITES.

1.1 By accessing or using our Sites you agree to these Terms. If you do not agree to these Terms, you may not access or use the Sites. Harris Teeter reserves the right to change or modify these Terms at any time and in our sole discretion. If Harris Teeter makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites or updating the effective date at the top of these Terms. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites. Any use of the Sites in violation of these Terms may result in, among other things, termination of your account.

1.2 If you have any questions regarding the use of the Sites, please refer to the Help Section on www.harristeeter.com. All other questions or comments about the Sites or their contents may be directed to customer service by calling 1-800-432-6111.

2. PRIVACY POLICY.

Please refer to our Privacy Policies for information on how Harris Teeter collects, uses and shares information about users of the Sites. If a product or service offered through a Site is a financial product or services, our Privacy Policy for Financial Products and Services Made Available by the Kroger Family of Stores will apply. Some specialized operations and service offerings have specific or different privacy policies.

3. ELIGIBILITY, REGISTRATION, AND ACCOUNTS.

3.1 The Sites are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Sites, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Site account; and (c) that you have full power and authority to agree to the Terms and in doing so will not violate any other agreement to which you are a party.

3.2 In order to use some features of the Sites, you will need to register for an account and provide information about yourself, including your full name, address, phone number and email address and you must select a password. You agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify Harris Teeter if you discover or otherwise suspect any security breaches related to the Sites. You are solely responsible for the use of your account credentials and for all charges incurred when using your account. We reserve the right to suspend or terminate your account at any time, with or without notice to you.

4. OWNERSHIP, LICENSE AND RESTRICTIONS ON USE.

4.1 Harris Teeter provides all information on the Sites (together with all content and the underlying source HTML files that implement the hypertext features) exclusively under these Terms and all applicable laws. Unless otherwise indicated, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Sites belong to Harris Teeter, its licensors, or suppliers. In addition, the names, images, pictures, logos and icons identifying Harris Teeter's products and services are proprietary or licensed marks of Harris Teeter, its licensors, or suppliers. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.

4.2 You are hereby granted a personal non-exclusive, non-transferable, limited license to view the Sites, and to download and/or print insignificant portions of materials retrieved from the Sites provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of the Sites, including but not limited to materials retrieved therefrom or the underlying code, may be reproduced, republished, reverse-engineered, copied, uploaded, downloaded, displayed, modified, licensed, transmitted, or distributed in any form or by any means or for any commercial purpose, without the express written permission of Harris Teeter. Nothing herein transfers any right or license to the underlying code of any of the Sites.

4.3 By submitting User Content (as defined below) , you automatically grant Harris Teeter a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works from, publicly display or perform, transmit, publish, and otherwise exploit the User Content, in whole or part as Harris Teeter deems appropriate including, but not limited to, in connection with Harris Teeter.

4.4 Mobile Application Users: With respect to each of Harris Teeter’s mobile applications (each an “App”), when you download the App or you create an account on the App, by selecting “I agree to the Terms and Conditions” you are expressly agreeing that you have read, understand and agree to be bound by these Terms and any amendments to these Terms. Check the “More” page periodically to see our most current Terms. Harris Teeter makes the App available so that users may access the services via a mobile device. To use the App you must have a mobile device that is compatible with the mobile service. Harris Teeter does not warrant that the App will be compatible with your mobile device. Harris Teeter hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, reverse engineer or create derivative works of the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) copy, reproduce, republish, upload, post, transmit or distribute the App in any way, unless specifically allowed in these Terms; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Harris Teeter may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and Harris Teeter and its third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.

4.5 Apple Users: With respect to any App that Harris Teeter provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"), these Terms incorporate by reference the terms and conditions of the “Standard” Licensed Application End User License Agreement (“LAEULA”) published by Apple, Inc. (www.apple.com/legal/ macapps/dev/stdeula). For purposes of these Terms, Harris Teeter’s iOS App is considered the “Licensed Application” and Harris Teeter is considered the “Application Provider” under the LAEULA To the extent that these Terms conflict with any of the terms and conditions of the LAEULA, these Terms shall control.

4.6 The Sites may be used only for lawful purposes by individuals using authorized services of Harris Teeter. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Sites. Harris Teeter specifically prohibits any use of the Sites, and requires all users to agree not to use the Sites for any of the following:

Posting any information which is incomplete, false, inaccurate or not your own;

Impersonating another person;

Constituting, engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;

Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

Posting material that reveals trade secrets, unless you own them or have the permission of the owner;

Posting material that infringes on any other intellectual property, privacy or publicity right of another;

Transmitting or transferring (by any means) information or software derived from the Sites to foreign countries or certain foreign nations in violation of US export control laws; or

Attempting to interfere in any way with the Sites’ or Harris Teeter’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.

4.7 Violations of system or network security may result in civil or criminal liability. Harris Teeter will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following:

Gaining access to data not intended for such user or logging into a server or account which user is not authorized to access;

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding”, “mailbombing” or “crashing”; or

Sending unsolicited e-mail, including promotions and/or advertising of products or services, forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

5. LINKS TO THIRD PARTY SITES.

Harris Teeter provides links to third party web sites for your convenience. Harris Teeter does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk. You should review the privacy policy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the site. Links to third party sites do not imply endorsement of the sites by Harris Teeter. In no event shall Harris Teeter be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of the linked sites or the information or material accessed through such sites including, without limitation, any incidental, special, or consequential damages of any kind whatsoever, attorneys' fees and lost profits or savings.

6. DISCLAIMERS.

6.1 THE SITES, INCLUDING WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE"BASIS AND HARRIS TEETER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. HARRIS TEETER DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THE WEBSITES IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. HARRIS TEETER MAKES NO WARRANTY THAT THE SITES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

6.2 Harris Teeter disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arisin g out of, or in any way related to (a) any errors in or omissions from the Sites, 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, including but not limited to any errors in or omissions therefrom, (c) the unavailability of the Sites or any portion thereof, (d) your use of the Sites, or (e) your use of any equipment or software in connection with the Sites.

7. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (I) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES, OR OTHER INACCURACIES IN THE SITES; (IV) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR CARD HOLDER DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (VI) ANY OTHER MATTER RELATED TO THE SITES, INCLUDING THEIR CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY EVEN IF A COVERED PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. "Covered Party"means HARRIS TEETER, LLC, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.

APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THIS EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

8. PRODUCT & SERVICE AVAILABILITY.

The Sites may contain references or cross references to Harris Teeter branded and other branded products and services that are not available in every location.

9. ENTIRE AGREEMENT; SEVERABILITY.

These Terms and Conditions constitute the entire agreement with respect to your access to and use of the Sites. You may also be subject to additional Terms and Conditions that may be applicable to certain parts of the Sites. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding the foregoing, under no circumstances do the parties agree to class-arbitration. If a court refuses to enforce the waiver of class-wide arbitration, the entire arbitration provision shall be unenforceable and any claims brought on behalf of a putative class will proceed in court.

10. COMMUNICATIONS.

Any communication or other information sent to Harris Teeter via electronic mail or otherwise in connection with your use of the Sites, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by Harris Teeter for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to Harris Teeter.

11. LINKS TO Harris Teeter WEB PAGES.

11.1 Harris Teeter permits links to the Sites provided (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices, (b) you do not directly or indirectly cause any portion of the Sites to appear on a user's computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party, (c) you give Harris Teeter notice of all such links by sending an e-mail to webmaster@kroger.com, and (d) you discontinue providing links to the Sites if notified by Harris Teeter.

11.2 When linking to the Sites you may use one or more Harris Teeter logos as a link anchor. To ensure proper usage of Harris Teeter logos, we've presented them under our home page. These logos are trademarks of Harris Teeter and Harris Teeter retains all rights in them. Harris Teeter grants you a limited license to use these logos solely for linking to Harris Teeter web pages as provided above. Logos cannot be altered or modified other than to make them larger or smaller. Except for the limited license provided above, Harris Teeter does not grant, by implication, estoppels or otherwise, any license to use any trademark, copyrighted materials or other proprietary materials displayed on the Sites and any other use is strictly prohibited.

12. REVIEWS.

Harris Teeter does not and cannot review all communications and materials posted or uploaded to the service and is not responsible for the content of these communications and materials. However, Harris Teeter reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) clearly false or misleading, (c) in violation of a copyright, trademark or, other intellectual property right of another, or (d) libelous, harassing, vulgar, sexually explicit, (e) inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or (f) unrelated to the goods or services offered by or available at the Sites.

13. MESSAGE BOARD, BLOGS, & SHARING.

13.1 Harris Teeter may, now or in the future, allow users to post, upload, transmit through, or otherwise make available on the Sites (collectively, "submit") messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials ("User Content"). Harris Teeter is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content. Harris Teeter does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will Harris Teeter be liable for any loss or damage caused by reliance on the Sites, User Content or information or materials obtained through User Content.

13.2 You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner's express permission. You are solely liable for any damages resulting from your failure to obtain consent.

13.3 You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.

13.4 User Content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. Harris Teeter has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information available you do so at your own risk.

13.5 Harris Teeter has the right, but not the obligation, to monitor the User Content. We reserve the right not to post any User Content, but we do not have an obligation to post, maintain, screen or otherwise use User Content. We may discontinue the ability to submit User Content in our own discretion.

13.6 The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Sites including User Content.

14. HEALTH-RELATED ADVICE.

15.1 The Sites are not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through the Sites, including information that may be provided on the Sites directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options.

15.2 The information provided on the Sites and Linked Third Party Sites (as defined herein), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.

15.3 You should not use the information or services on the Sites for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements.

15.4 Any claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Please consult with a healthcare professional before starting any diet, exercise or supplementation program. Harris Teeter makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose.

15.5 Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here.

15. GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION.

15.1 RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and Harris Teeter arising out of or relating in any way to your use of the Sites or the Terms must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.

15.2 WAIVER OF RIGHT TO BRING CLAIMS IN COURT AND TO HAVE THEM HEARD BY A JUDGE AND JURY. You specifically acknowledge and agree that you waive THE right to bring a lawsuit IN COURT based on ANY claims or disputes DESCRIBED IN PARAGRAPH 16.1 ABOVE, and to have such lawsuit resolved by a judge or jury TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15.3 LIMITATION OF LEGAL REMEDIES. All arbitrations under the Terms shall be conducted on an individual (not a class-wide) basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. You acknowledge and agree that with regard to any claims relating in any way to the Sites, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims and you agree you will not proceed in any court or arbitration proceedings as a representative of others, join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under Ohio’s Unfair and Deceptive Trade Practices Act, California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, and any other state consumer protection laws.

15.4 ARBITRATION PROCEDURES.

DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER; & WAIVER OF JURY TRIAL

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION, AS WELL AS A RIGHT TO HAVE A TRIAL BY JURY.

For the purposes of this Section, the terms “Harris Teeter,” “our,” “we,” or “us” include Harris Teeter, LLC, its subsidiaries, affiliates, or any of their respective officers, directors, or employees. Harris Teeter’s subsidiaries, affiliates, and any of their officers, directors, or employees are intended to be third-party beneficiaries of this Agreement.

Arbitration Agreement. You and Harris Teeter agree that all Disputes (defined below) shall be resolved by final and binding individual arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that we and you are each waiving the right to trial by a jury. Notwithstanding the foregoing, either party may elect to have individual claims heard in small claims court so long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class action basis). Any Dispute over whether claims qualify for small claims court is for the small claims court to decide in the first instance and, if necessary, for a court of competent jurisdiction to decide.

YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS & CONDITIONS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

For purposes of this Section, “Dispute” shall include, but is not limited to, any claims or controversies between you and Harris Teeter that are related in any way to these Terms & Conditions of Use, including, but not limited to, your use of our Site, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications between you and Harris Teeter, whether occurring on the Site or otherwise, even if the Dispute arises after the termination of your relationship with Harris Teeter. “Dispute” also includes, without limitation, claims that: (a) you bring against Harris Teeter; (b) Harris Teeter brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and Harris Teeter, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you entered into these Terms & Conditions of Use or out of a prior agreement with Harris Teeter (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a member of a certified class; and/or (f) arise after the termination of these Terms & Conditions of Use. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property or claims for personal bodily injury, which shall not be subject to arbitration or the notice and informal process described below.

The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide.

Mandatory Pre-Arbitration Informal Dispute Resolution. You and Harris Teeter agree that good-faith informal efforts to resolve Disputes often can result in a prompt, low-cost and mutually beneficial outcome. Therefore, you and Harris Teeter agree to engage cooperatively to try and resolve any Dispute informally prior to you or Harris Teeter initiating an arbitration proceeding.

The party initiating the Dispute, whether it be you or Harris Teeter, must first send a written notice to the other party providing a detailed description of the Dispute, including at least the following information: (1) the initiating party’s name and contact information (address, telephone number, email address, and account number if applicable); (2) sufficient information to enable you or Harris Teeter to identify any transaction at issue (including any receipts or purchase details); (3) the nature and basis of the Dispute and any claims; and (4) the nature and basis of the relief sought (including a calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by a Harris Teeter representative (and our attorney if we are represented by legal counsel).

Your notice to Harris Teeter must be sent to the following:

Harris Teeter, LLC

Law Department

701 Crestdale Rd.

Charlotte, NC 28105

Attention: Arbitration Legal

Our notice to you must be sent to the most recent contact information you have provided to us.

For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized, telephone dispute resolution conference (and if you are represented by an attorney, your attorney may also participate) in a good-faith effort to resolve informally the Dispute. If requested by you in connection with a notice initiated by us, we agree to have a Harris Teeter representative personally participate in an individualized, telephone dispute resolution conference (and if Harris Teeter is represented by counsel, Harris Teeter’s counsel may also participate) in a good-faith effort to resolve informally the Dispute. If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of this informal dispute resolution process.

Any applicable limitations period (including statute of limitations) and filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution.

If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

Arbitration Rules and Procedures, Individualized Relief; Fees. In order to initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with the American Arbitration Association (“AAA”). Information about the AAA can be found generally at https://www.adr.org/

The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. If you are initiating arbitration, the arbitration demand and certification must be personally signed by you or your counsel (if you are represented by counsel). If Harris Teeter is initiating arbitration, the arbitration demand and certification must be personally signed by a Harris Teeter representative or its counsel (if Harris Teeter is represented by counsel).

By signing or filing the arbitration demand, the party and the party’s counsel initiating the arbitration certify that to the best of their information, knowledge, and belief, formed after a reasonable inquiry under the circumstances, that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law on represented parties and their counsel for either party’s violation of this requirement.

Notwithstanding any choice of law or other provision of this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Arbitration Agreement.

The arbitration shall be administered by AAA under its applicable rules, including the Consumer Arbitration Rules and Mediation Procedures, and/or AAA’s Mass Arbitration Supplementary Rules, as applicable (the “AAA Rules”), as modified by this Agreement.

The Consumer Arbitration Rules are available here:

https://www.adr.org/media/yawntdvs/2025_consumer_arbitration_rules.pdf

The Mass Arbitration Supplementary Rules are available here:

https://www.adr.org/media/ofkbtyz2/mass-arbitration-supplementary-rules.pdf

The arbitration will be conducted by a single arbitrator, other than the potential use of a Process Administrator, who may be appointed in accordance with the AAA Rules. If the AAA is unavailable or unwilling to administer the arbitration consistent with the AAA Rules as modified by this Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will administer the arbitration consistent with its rules as modified by this Agreement.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. In cases where an in-person hearing is held, and where the monetary demand is below $10,000, you and/or Harris Teeter may attend by telephone, unless the arbitrator requires otherwise. The arbitrator’s decision shall be final and binding on all parties to the arbitration that are subject of the decision. The arbitration award shall have no preclusive effect in any other arbitration or proceeding that does not involve you or Harris Teeter.

UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND HARRIS TEETER AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S CLAIM. ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.

The payment of any filing, administrative, or arbitrator fees will be governed by the applicable AAA Rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose. You and Harris Teeter agree that the parties have a shared interest in reducing the fees and costs, and increasing the efficiencies, associated with arbitration. Therefore, you or Harris Teeter may elect to engage with the arbitration administrator regarding fees, and you and Harris Teeter agree that the parties (and their counsel, if the parties are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

Additional Procedures for Mass Arbitration: You and Harris Teeter agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this Arbitration Agreement) shall also apply in the event of a “Mass Arbitration” (defined below). You and Harris Teeter agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere Disputes between the parties. You and Harris Teeter acknowledge and agree to act in good faith to ensure the procedures set forth herein are followed.

If claimants (including you) assert or seek to assert 25 or more similar arbitration demands against Harris Teeter with the same counsel or counsel acting in coordination (“Mass Arbitration”), the AAA Mass Arbitration Supplementary Rules and these provisions shall apply. For the avoidance of doubt, if any Mass Arbitration demands were originally processed as individual arbitration demands before the procedures described in this Additional Procedures for Mass Arbitration section were commenced, further proceedings, including the assessment of further arbitration fees to either party shall be governed by the procedures set forth in this Additional Procedures for Mass Arbitration section and the AAA Mass Arbitration Supplementary Rules. Decisions by the Process Administrator shall not be binding on claimants who filed an arbitration demand determined to be part of the Mass Arbitration.

In the event a Mass Arbitration is presented, you and Harris Teeter will attempt to agree on a batching protocol where arbitrations will be filed and proceed in stages. If the you and Harris Teeter cannot agree on a batching protocol, the parties shall submit such issues for decision by the Process Administrator. Arbitration awards in one arbitration or batch of arbitrations shall have no precedential effect on subsequently administered batches.

You acknowledge and agree that, by participating in a Mass Arbitration, the resolution of your Dispute might be delayed. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Dispute, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of Disputes, including to engage with the arbitration administrator to address threshold administrative issues.

If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration section of the Arbitration Agreement, including by enjoining the filing, prosecution, or administration of arbitrations, and the assessment or collection of arbitration fees.

The Additional Procedures for Mass Arbitrations section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this Additional Procedures for Mass Arbitrations section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.

Changes to Arbitration Agreement: If Harris Teeter changes this Dispute Resolution section after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject that change by sending us written notice to Harris Teeter, LLC, Law Department – 701 Crestdale Rd., Matthews, NC 28105, with your first and last name, e-mail address, and, if applicable, any Harris Teeter account information and stating your intent to reject the change within 30 days of the date the change is effective. Rejecting any change, however, does not revoke or alter your prior consent or any earlier agreements to arbitrate any Dispute between you and Harris Teeter.

Severance of Arbitration Agreement: If any portion of this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective, and Representative Action Waiver above in this Dispute Resolution section is found to be void, unenforceable, or unlawful, in whole or in part, with respect to a particular claim or request for relief (such as a request for public injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), the parties agree that the particular claim or request for relief may proceed in a court of competent jurisdiction but shall be stayed pending arbitration of all remaining claims and requests for relief.

Survival of Arbitration Agreement: Except as otherwise provided in this Dispute Resolution section, this Arbitration Agreement will survive any termination of the Agreement or of your access to the Services. This Arbitration Agreement survives after your relationship with Harris Teeter ends.

Waiver of Jury Trial; Waiver of Class Actions: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND HARRIS TEETER WAIVE THE RIGHT TO A JURY TRIAL. YOU AND Harris Teeter ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

16. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

16.1 If you believe your work has been copied on the Sites in a way that constitutes copyright infringement, please send our Copyright Agent a written notification (“the Infringement Notification”) containing all the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single Infringement Notice, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the Infringement Notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

16.2 Harris Teeter’s Copyright Agent for notice of claims of copyright infringement on or relating to the Sites can be reached as follows:

The Kroger Co.

Law Department - Mark Wilkinson, Esq. 1014 Vine St.

Cincinnati, OH 45202 Mark.Wilkinson@kroger.com

(513) 762-4498

17. NOTICE TO CALIFORNIA CUSTOMERS.

If you have a complaint or question regarding the Sites, please contact us by phone toll-free at 1- 800-432-6111, Monday through Friday, 8:30am to 6pm, and Saturday10:00am to 2:00pm EST except federal holidays. For your reference, the Complaint Assistance Unit of the Division of the Consumer Services of The Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

18. GENERAL INFORMATION.

18.1 You agree that no joint venture, partnership, employment, or agency relationship exists between Harris Teeter and you as a result of this Agreement or your use of the Sites.

18.2 Any claim or cause of action you may have with respect to Harris Teeter or the Sites must be commenced within one (1) year after the claim or cause of action arose. All claims must be resolved using the procedures set forth in Section 16 above.

18.3 The failure of Harris Teeter to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

18.4 You may not assign the Terms or any of your rights or obligations under the Terms without Harris Teeter’s express written consent.

18.5 The Terms inure to the benefit of Harri's Teeter’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.