Please read these Terms & Conditions carefully before using this website. By accessing or using corporate.esm-omni.com, you agree to be bound by these Terms. If you do not agree, please discontinue use of the Site.
These Terms & Conditions ("Terms") govern your access to and use of the website located at corporate.esm-omni.com and any associated pages (collectively, the "Site"), operated by Retail Intelligence ("Retail Intelligence," "we," "our," or "us"), a retail growth advisory firm headquartered in Bentonville, Arkansas, USA.
By accessing or using this Site — whether as a visitor, potential client, or in any other capacity — you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
These Terms apply to all visitors, users, and others who access or use the Site. If you are accessing the Site on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.
You may use the Site for lawful purposes and in accordance with these Terms. The Site is intended for informational and business development purposes — specifically, to learn about Retail Intelligence's services, submit inquiries, and engage with publicly available content.
You agree not to:
The Site and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio clips, service names, slogans, methodologies, frameworks, and the overall look and feel of the Site — are owned by Retail Intelligence, its licensors, or other content providers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
These Terms do not grant you any right, title, or interest in or to the Site or its content. You may access and display content from the Site on your computer or device solely for your personal, non-commercial use. You must not reproduce, modify, create derivative works of, distribute, transmit, post, or commercially exploit any content from the Site without our prior written consent.
The name "Retail Intelligence" along with associated logos and service marks, are trademarks of Retail Intelligence. Other company, product, and service names and logos mentioned on the Site may be trademarks of their respective owners. Nothing on the Site grants any license to use any trademark without the owner's prior written consent.
When you submit information to us through contact forms, email, or other communication channels on the Site, you represent and warrant that:
By submitting information to us, you grant Retail Intelligence a non-exclusive, royalty-free right to use such information solely for the purpose of responding to your inquiry and operating our business. We will handle your personal information in accordance with our Privacy Policy.
We do not accept unsolicited ideas, proposals, or suggestions for products or services. Any such submissions will not be treated as confidential and may be used by Retail Intelligence without compensation or acknowledgment.
Retail Intelligence communicates with prospective and current clients by email and/or SMS text message only on an express opt-in basis. By checking the applicable consent box on our contact form, you agree to the following program terms:
Opted-in email communications are limited to direct business correspondence about your inquiry and requested services. We do not enroll you in newsletters or mailing lists, and we never sell or share your email address for third-party marketing. You may withdraw email consent at any time by replying to any message or emailing support@esm-omni.com.
Full details of how we collect, use, and protect your contact information — including how to revoke consent — are set out in the Email & Text Message Consent section of our Privacy Policy.
The Site may contain links to third-party websites or resources that are not owned or controlled by Retail Intelligence. Such links are provided for informational convenience only. Retail Intelligence has no control over the content, privacy practices, or terms of third-party sites and is not responsible or liable for any harm or loss arising from your access to or use of any third-party site.
The inclusion of any link does not imply endorsement, approval, or recommendation by Retail Intelligence of the linked site or any association with its operators. You access third-party sites at your own risk and subject to the terms and conditions applicable to those sites.
Important: This Section contains important disclaimers about the nature of our website and the information provided on it.
THE SITE AND ALL CONTENT, INFORMATION, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELITE SALES & MARKETING EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
The information on this Site is provided for general informational purposes and does not constitute professional advice of any kind. Before acting on any information obtained from this Site, you should independently verify the information and seek appropriate professional advice as warranted by the circumstances.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ELITE SALES & MARKETING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
arising out of or in connection with these Terms or the Site, regardless of whether such damages were foreseeable and whether or not Retail Intelligence was advised of the possibility of such damages.
IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If, notwithstanding the foregoing, Retail Intelligence is found liable for any claim arising out of your use of the Site, Retail Intelligence's aggregate liability to you for all claims shall not exceed ONE HUNDRED U.S. DOLLARS ($100.00).
You agree to defend, indemnify, and hold harmless Retail Intelligence and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and attorneys' fees arising out of or relating to:
Retail Intelligence reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Elite in asserting any available defenses.
Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by this reference. By using the Site, you consent to the collection and use of your information as described in our Privacy Policy.
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Arkansas, United States of America, without giving effect to any choice or conflict of law provisions.
You agree that 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 Arkansas located in Benton County, Arkansas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Notwithstanding the foregoing, Retail Intelligence retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin the violation of these Terms.
Before initiating any formal dispute, we encourage you to contact us at support@esm-omni.com to attempt an informal resolution. We will make reasonable efforts to resolve disputes directly and amicably within 30 days of receiving a written description of the issue.
If a dispute cannot be resolved informally within 30 days, either party may pursue formal legal remedies subject to the governing law and jurisdiction provisions set forth in Section 10. The prevailing party in any such proceeding shall be entitled to recover reasonable attorneys' fees and costs to the extent permitted by applicable law.
Notwithstanding the foregoing, nothing in these Terms prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will update the "Last Updated" date at the top of this page. In certain circumstances, we may also provide additional notice through prominent placement on the Site.
Your continued use of the Site after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately stop using the Site.
We encourage you to review these Terms periodically to stay informed of any updates.
If you have any questions, concerns, or comments regarding these Terms & Conditions, please contact us:
Retail Intelligence
Bentonville, Arkansas, USA
Email: support@esm-omni.com
Website: corporate.esm-omni.com
These Terms, together with our Privacy Policy and any other legal notices or agreements published on the Site, constitute the entire agreement between you and Retail Intelligence concerning your use of the Site and supersede all prior and contemporaneous agreements, representations, and understandings.
If any provision of these Terms is held to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
No waiver by Retail Intelligence of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.