Effective Date: December 1, 2025
Welcome to the website of RetailGuesser Data L.L.C. ("Retail Guesser," "we," "us," or "our"). By accessing or using our website at retailguesser.com (the "Site") and any services we provide (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Site or Services.
By accessing, browsing, or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated effective date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.
Retail Guesser provides marketing consulting services, including but not limited to consumer trend forecasting, omnichannel campaign strategy, customer segmentation and targeting, and marketing analytics and reporting. The specific scope of any consulting engagement will be defined in a separate written agreement between you and Retail Guesser.
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
The Site and its entire contents, features, and functionality — including but not limited to all information, text, graphics, logos, icons, images, audio clips, data compilations, software, and the design, selection, and arrangement thereof — are owned by RetailGuesser Data L.L.C., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Retail Guesser name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of RetailGuesser Data L.L.C. You must not use such marks without our prior written permission.
In the course of providing Services, either party may disclose confidential information to the other. Each party agrees to maintain the confidentiality of the other party's confidential information and to use it only for the purposes of the engagement. This obligation does not apply to information that is publicly available, independently developed, or rightfully received from a third party without restriction.
Our Services may involve the analysis of your business data, consumer data, and marketing metrics. You represent and warrant that you have all necessary rights and permissions to share such data with us and that our use of such data in providing the Services will not violate any applicable law, regulation, or third-party rights. We will handle all client data in accordance with our Privacy Policy and any applicable data protection agreements.
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RETAILGUESSER DATA L.L.C. NOR ANY PERSON ASSOCIATED WITH RETAIL GUESSER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER RETAIL GUESSER NOR ANYONE ASSOCIATED WITH RETAIL GUESSER REPRESENTS OR WARRANTS THAT THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MARKETING CONSULTING INVOLVES INHERENT UNCERTAINTIES. RETAIL GUESSER DOES NOT GUARANTEE ANY PARTICULAR BUSINESS RESULTS, REVENUE INCREASES, OR RETURN ON INVESTMENT FROM THE USE OF OUR SERVICES.
IN NO EVENT WILL RETAILGUESSER DATA L.L.C., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless RetailGuesser Data L.L.C., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or Services.
These Terms shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Mississippi, in each case located in Hinds County, and you consent to the personal jurisdiction of such courts.
We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.
These Terms, together with our Privacy Policy and any separate written consulting agreements, constitute the sole and entire agreement between you and RetailGuesser Data L.L.C. regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
If you have any questions about these Terms of Use, please contact us at:
RetailGuesser Data L.L.C.
317 E Capitol St Ste 200
Jackson, MS 39201
Phone: (470) 286-4081
Email: sales@retailguesser.com