User Agreement

The website "Retail Truths" and the book "Retail Truths: The Unconventional Wisdom of Retailing" are meant to share the many lessons we learn as retailers in an effort to make our stores and businesses more successful, useful, and satisfying. 

This User Agreement, the RetailTruths.com website Terms of Use, and RetailTruths.com’s Privacy Policy govern use of this Site (the “Site”). The RetailTruths.com website Terms of Use and RetailTruths.com’s Privacy Policy are incorporated by reference into this User Agreement. When you this website, you agree to abide by this User Agreement. RetailTruths.com reserves the right to modify this agreement at any time, effective upon posting, and you agree to periodically review this User Agreement to become aware of such modifications.

Except as authorized in this Agreement, no copies of this website or any portions thereof may be made by you or any person under your authority or control.  You agree that you will not disassemble, decompile, convert to another programming language, or otherwise translate the content, and that you will not rent, lease, or lend the content, or any component of it, in violation of 17 U.S.C. §§ 109(b)(1). You agree that you will not alter, publish, copy, cut, modify or transform the content, or any component of it, in any form to any storage medium, known or unknown, for any purpose whatsoever, except as authorized. You will be held legally responsible for any trademark or copyright infringement that is caused or encouraged by your failure to abide by the terms of this License Agreement.

Specific Authorization of Limited Use with Attribution

Portions of this website not to exceed 12 paragraphs may be reproduced in print and/or digital media when accompanied prominently by attribution to "the book 'Retail Truths: The Unconventional Wisdom of Retailing' by Chip Averwater" or "the website 'RetailTruths.com'". 

Access and Interference

The Site contains robot exclusion headers.  Information on this Site is updated continuously and is proprietary to RetailTruths.com.  You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.

Additionally, you agree that you will not:

  • Take any action that imposes an unreasonable load on our infrastructure.
  • Interfere or attempt to interfere with the proper working of the Site or its activities.
  • Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.

Governing Law and Venue

The is an English language website, and use of the Site is governed by United States law, as provided in this User Agreement.  THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEE AND ITS VALIDITY, CONSTRUCTION AND EFFECT SHALL BE GOVERNED BY AND ENFORCED PURSUANT TO THE SUBSTANTIVE LAWS OF THE STATE OF TENNESSEE, EXCLUDING ITS PRINCIPALS OF CHOICE OF LAWS.  THE PARTIES AGREE THAT ALL LEGAL PROCEEDINGS IN CONNECTION WITH THE ENFORCEMENT, CONSTRUCTION, INTERPRETATION, BREACH OR VIOLATION OF THIS AGREEMENT SHALL BE SUBMITTED TO THE STATE OR FEDERAL COURTS IN MEMPHIS, SHELBY COUNTY, TENNESSEE AND THAT JURISDICTION AND VENUE ARE PROPER IN SUCH COURTS.

Miscellaneous

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  Headings are for reference purposes only and do not limit the scope or extent of such section.  RetailTruths.com’s failure to act with respect to a breach by you or others does not waive RetailTruths.com’s right to act with respect to subsequent or similar breaches.  This User Agreement sets forth the entire understanding and agreement between you and RetailTruths.com. The following Sections survive any termination of this Agreement or your registration: License, General Release, Disclaimer of Warranties and Limitation of Liability, Termination, Enforcement, Governing Law and Venue, Intellectual Property, and Miscellaneous.