These Subscription Terms and Conditions ("Terms") constitute a legally binding agreement between Geller Blue Book, LLC ("Geller Blue Book," "Geller," "we," "us," or "our") and the business or organization purchasing, accessing, or using a Geller Blue Book subscription ("Subscriber").

These Terms govern Subscriber's access to and use of the Geller Blue Book website, subscription service, proprietary pricing information, databases, downloadable files, updates, publications, and related materials and services (collectively, the "Service").

By purchasing or renewing a subscription, creating or using an account, clicking "I Agree," "Accept," "Continue," or a similar button, downloading Subscription Content, or otherwise accessing or using the Service, Subscriber acknowledges that it has read, understands, and agrees to be legally bound by these Terms.

The individual accepting these Terms on behalf of Subscriber represents and warrants that he or she has authority to bind Subscriber to these Terms.

IF SUBSCRIBER DOES NOT AGREE TO THESE TERMS, SUBSCRIBER MAY NOT ACCESS OR USE THE SERVICE OR SUBSCRIPTION CONTENT.

1. Subscription Content and Ownership

For purposes of these Terms, "Subscription Content" means all information and materials made available through the Service, including without limitation pricing and pricing-reference information; jewelry repair categories and descriptions; classifications; tables; databases; compilations; calculations; methodologies; explanatory materials; text; graphics; reports; downloadable data files; updates and revisions; the selection, organization, categorization, coordination, and arrangement of information; and any other content made available through the Service.

Geller Blue Book independently develops and compiles its Subscription Content. The Service and Subscription Content constitute valuable proprietary assets of Geller Blue Book.

Except for third-party material expressly identified as such, Geller Blue Book owns or licenses all right, title, and interest in and to the Service and Subscription Content, including all applicable copyrights and other intellectual property and proprietary rights.

The selection, coordination, arrangement, organization, categorization, presentation, methodology, explanatory material, and other protectable elements of the Subscription Content are proprietary to Geller Blue Book.

Subscriber acquires no ownership interest in the Service or Subscription Content. All rights not expressly granted to Subscriber under these Terms are reserved by Geller Blue Book.

2. Confidential and Proprietary Nature of Subscription Content

Subscriber acknowledges that the nonpublic Subscription Content constitutes valuable confidential and proprietary information of Geller Blue Book.

Subscriber shall maintain the confidentiality of Subscription Content and protect it using at least the same degree of care that Subscriber uses to protect its own confidential and proprietary information of similar importance, and in all events no less than reasonable care.

Subscriber shall limit access to Subscription Content to Authorized Users who have a legitimate business need to access it for the purposes expressly permitted by these Terms.

Subscriber shall not disclose Subscription Content to any person or entity except as expressly authorized by these Terms.

Nothing in these Terms is intended to represent that every item of Subscription Content independently qualifies for protection as a trade secret or copyrighted work. The contractual restrictions in these Terms apply independently of whether any particular item or data point separately qualifies for protection under copyright, trade-secret, or other intellectual-property law.

3. Organizational Subscription and Authorized Users

Each subscription is licensed solely to the legal entity identified as the Subscriber in the applicable subscription registration, order, invoice, or account record.

Only Subscriber's employees and personnel who are authorized under Subscriber's applicable subscription plan ("Authorized Users") may access or use the Service.

Unless expressly authorized by Geller Blue Book in writing or included within Subscriber's subscription, Subscriber may not permit its parent companies, subsidiaries, affiliates, franchisees, customers, vendors, consultants, independent contractors, or any other person or entity to access or use the Service or Subscription Content.

Subscriber may not share account credentials with any person who is not an Authorized User.

Subscriber is responsible for all activity conducted through its account and for compliance with these Terms by each Authorized User.

Each subscription is licensed for use at one physical retail location unless a multi-location subscription is expressly authorized by Geller Blue Book. Authorized employees of that location may access the Service in accordance with the applicable subscription plan. Additional locations require separate subscriptions unless otherwise agreed in writing.

4. Limited License and Permitted Use

Subject to Subscriber's continued compliance with these Terms and payment of all applicable subscription fees, Geller Blue Book grants Subscriber a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the applicable subscription term to:

(a) access and view Subscription Content through the Service;

(b) use the pricing information internally as a reference in making Subscriber's own independent pricing decisions for jewelry repair services provided by Subscriber to its customers; and

(c) where expressly made available by Geller Blue Book, download authorized Subscription Content and import such information into Subscriber's own point-of-sale or business-management system solely for Subscriber's internal use in establishing the prices Subscriber elects to charge its own customers.

(d) Create, save, print, and share customer-facing repair quotes, intake forms, repair tickets, and other records generated through the Service in the ordinary course of Subscriber's jewelry business, provided such documents do not reproduce or disclose Geller Blue Book's underlying proprietary pricing database or methodology.

(e) Customize pricing through functionality provided by the Service, including adjustments to labor, materials, metal market assumptions, and individual repair prices, solely for Subscriber's internal business purposes.

Subscriber may communicate to a customer the price Subscriber independently elects to charge that customer. Subscriber may not disclose to the customer the underlying Geller Blue Book database, pricing table, pricing structure, or other Subscription Content.

No other license or right is granted.

5. Subscriber Independently Determines Its Prices

Geller Blue Book provides independently developed reference pricing information.

Each Subscriber retains sole and independent discretion to determine the prices it charges its customers. Subscriber is not required, directed, or expected to adopt any particular price contained in Subscription Content.

Subscriber should establish its prices independently based upon the factors it considers appropriate, which may include its own costs, labor, materials, location, expertise, market circumstances, business strategy, competitive conditions, and other relevant considerations.

Nothing contained in the Service or Subscription Content constitutes or is intended to constitute an agreement, understanding, direction, requirement, or coordination between Geller Blue Book, Subscriber, or any other subscriber regarding prices to be charged to customers.

6. Authorized Point-of-Sale Download

If Subscriber's subscription permits downloading data for use in a point-of-sale or business-management system ("Authorized POS Data"), Subscriber may download and import such data only through functionality expressly provided or authorized by Geller Blue Book.

Authorized POS Data may be stored only in Subscriber's internal point-of-sale or business-management system and related systems reasonably necessary to operate and back up that system.

Subscriber may allow a bona fide technology or point-of-sale service provider to access Authorized POS Data solely to the extent reasonably necessary to install, maintain, host, secure, or support Subscriber's authorized system, provided that the provider:

(a) acts solely on Subscriber's behalf;

(b) is subject to confidentiality and data-security obligations at least reasonably appropriate to protect the Subscription Content;

(c) does not acquire any independent right to use Subscription Content; and

(d) does not retain or use Subscription Content for its own purposes or for the benefit of another customer.

The right to download Authorized POS Data does not grant Subscriber the right to reproduce, distribute, transfer, sell, sublicense, publish, disclose, commercialize, or otherwise exploit the downloaded data.

Subscriber may use point-of-sale integrations, application programming interfaces (APIs), and other connections expressly authorized by Geller Blue Book to transfer pricing, repair, and transaction information between the Service and Subscriber's authorized business systems. Such authorization does not grant Subscriber or any third-party provider the right to independently extract, retain, reproduce, distribute, commercialize, or otherwise exploit Geller Blue Book's proprietary database or pricing methodology. Additional integration-specific terms may apply.

Reasonable technical backup copies used solely to support Subscriber's authorized system are permitted and remain subject to these Terms.

7. Strict Prohibition on Copying, Sharing, and Distribution

Except for the limited rights expressly granted under Sections 4 and 6, Subscriber shall not, directly or indirectly:

(a) copy, reproduce, duplicate, photograph, screenshot, screen-capture, scan, print, record, transcribe, download, extract, republish, or otherwise reproduce Subscription Content;

(b) email, text, transmit, upload, publish, display, post, disclose, disseminate, or distribute Subscription Content;

(c) share Subscription Content with customers, vendors, consultants, competitors, trade associations, affiliated businesses, or other unauthorized persons or entities;

(d) place Subscription Content on a shared drive, public or third-party database, data room, collaboration platform, shared cloud-storage location, website, intranet, extranet, or other repository accessible by unauthorized persons;

(e) incorporate Subscription Content into any publication, report, newsletter, presentation, website, application, database, spreadsheet, reference guide, software product, pricing product, or other material, except for the authorized point-of-sale use expressly permitted by these Terms;

(f) sell, resell, rent, lease, license, sublicense, assign, transfer, or commercially exploit Subscription Content;

(g) make Subscription Content available to any third party, whether for compensation or without charge; or

(h) enable, assist, encourage, or permit another person to engage in prohibited activity.

These restrictions apply whether Subscriber attempts to reproduce all or only a portion of the Subscription Content.

The fact that the Service, a browser, a computer, or another device may technically permit copying, printing, downloading, screen capture, or other reproduction does not constitute permission from Geller Blue Book to engage in such activity.

8. No Screenshots or Printing

Except with Geller Blue Book's prior express written authorization, Subscriber may not photograph, screenshot, screen-capture, print, scan, or otherwise create a visual or physical reproduction of Subscription Content.

Notwithstanding the restrictions in this Section, Subscriber may print, download, save, or share customer-facing documents expressly generated through the Service, including repair quotes, intake forms, repair tickets, and completed transaction records, solely in the ordinary course of Subscriber's business. This exception does not authorize the reproduction, extraction, or distribution of underlying Subscription Content.

This restriction does not prohibit an authorized electronic download and import of Authorized POS Data pursuant to Section 6.

9. No Scraping, Data Mining, or Automated Extraction

Subscriber may not access, collect, acquire, copy, extract, index, monitor, or reproduce Subscription Content by automated, systematic, or mass means.

Prohibited methods include web scraping; screen scraping; robots; spiders; crawlers; bots; scripts; browser automation; data-mining software; automated queries; optical character recognition; unauthorized APIs; extraction software; automated agents; and any other process or technology designed or used to collect, capture, extract, reproduce, reconstruct, or aggregate Subscription Content.

Subscriber may not circumvent any rate limit, access control, authentication mechanism, technical restriction, anti-copying feature, digital-rights-management measure, or other technological protection implemented by Geller Blue Book.

10. No Database, Pricing Guide, or Competing Product

Subscriber may not use Subscription Content, whether alone or combined with information from another source, to create, populate, maintain, supplement, validate, update, improve, or support any:

pricing database; jewelry-repair pricing guide; valuation service; benchmarking service; industry-reference product; competing publication; pricing application; pricing software; commercial database; research service; subscription service; pricing algorithm; data product; or other product or service that reproduces, substitutes for, competes with, or materially diminishes the need for the Service.

Subscriber may not systematically extract individual portions of Subscription Content for the purpose or effect of recreating all or any material portion of the Subscription Content.

Subscriber may not reorganize, transform, summarize, reformat, or otherwise modify Subscription Content for the purpose of circumventing these restrictions.

11. Artificial Intelligence and Machine Learning Prohibited

SUBSCRIBER MAY NOT PROVIDE SUBSCRIPTION CONTENT TO AN ARTIFICIAL INTELLIGENCE OR MACHINE-LEARNING SYSTEM.

Without Geller Blue Book's prior express written authorization, Subscriber may not upload, submit, disclose, transmit, input, copy, or otherwise provide Subscription Content to any generative artificial intelligence system, large language model, machine-learning system, chatbot, automated decision system, retrieval-augmented generation system, vector database, embedding system, AI assistant, or similar technology.

Subscriber may not use Subscription Content to train, retrain, fine-tune, test, evaluate, benchmark, ground, augment, or improve an artificial intelligence or machine-learning model.

Subscriber may not use an artificial intelligence or automated system to summarize, transform, extract, reorganize, reproduce, analyze, or create a derivative dataset from Subscription Content.

These restrictions apply to public, private, enterprise, internally hosted, and third-party systems.

12. Account Credentials and Security

Subscriber shall maintain appropriate safeguards to protect usernames, passwords, authentication credentials, access codes, and other account information.

Subscriber may not allow an unauthorized person to access the Service using Subscriber's credentials.

Subscriber shall promptly notify Geller Blue Book if Subscriber knows or reasonably suspects that:

(a) credentials have been compromised;

(b) unauthorized access has occurred;

(c) Subscription Content has been improperly copied, downloaded, disclosed, or distributed; or

(d) another violation of these Terms has occurred.

13. No Circumvention or Reverse Engineering

Subscriber may not circumvent, disable, defeat, interfere with, bypass, or attempt to avoid any security measure, access control, watermark, digital identifier, usage limitation, technological protection measure, or monitoring functionality associated with the Service.

Subscriber may not reverse engineer or attempt to derive, reconstruct, discover, or determine Geller Blue Book's proprietary methodologies, formulas, processes, algorithms, calculations, database architecture, data organization, pricing methodology, or other proprietary aspects of the Service or Subscription Content, except to the limited extent any such restriction is prohibited by applicable law.

14. Proprietary Notices and Digital Identification

Subscriber shall not remove, alter, obscure, conceal, delete, or circumvent any copyright notice, trademark notice, proprietary legend, confidentiality notice, watermark, digital identifier, fingerprint, metadata, access-control mechanism, or other rights-management information associated with Subscription Content.

Subscriber acknowledges that Geller Blue Book may use subscriber-specific identifiers, watermarks, metadata, or other technological measures to identify the source of improperly copied or distributed Subscription Content.

15. Monitoring and Investigation

Subject to applicable law, Geller Blue Book may use reasonable technological and administrative measures to operate and protect the Service, detect unauthorized access or use, enforce these Terms, and protect its proprietary rights.

Such measures may include analysis of login activity, IP addresses, device information, simultaneous sessions, access frequency, usage patterns, download activity, unusual or excessive account activity, and similar security-related information.

Geller Blue Book may investigate suspected violations of these Terms. Subscriber shall reasonably cooperate with an investigation concerning activity associated with Subscriber's account.

16. Suspension and Termination for Misuse

Geller Blue Book may immediately restrict, suspend, or terminate Subscriber's access to all or any portion of the Service, without prior notice, if Geller Blue Book reasonably determines or suspects that:

(a) Subscriber or an Authorized User has materially violated these Terms;

(b) Subscriber has permitted unauthorized access;

(c) account credentials have been shared or compromised;

(d) Subscription Content has been improperly copied, downloaded, distributed, disclosed, extracted, or used;

(e) Subscriber has attempted to circumvent a technical or contractual restriction; or

(f) continued access presents a material risk to Geller Blue Book's intellectual property, confidential information, proprietary rights, Service, or other subscribers.

If Geller Blue Book terminates a subscription because of Subscriber's breach of these Terms, Subscriber shall not be entitled to a refund of subscription fees.

Suspension or termination is in addition to, and does not limit, any other right or remedy available to Geller Blue Book.

17. Effect of Expiration or Termination

Upon expiration or termination of Subscriber's subscription, Subscriber's right to access and use the Service and Subscription Content ends.

Within ten (10) business days after expiration or termination, Subscriber shall delete Subscription Content and Authorized POS Data from its point-of-sale, business-management, and other systems and destroy any unauthorized copies in its possession or control.

Subscriber may retain historical invoices, accounting records, customer records, and transaction records created in the ordinary course of its business that reflect prices Subscriber actually charged its customers, provided such records do not reproduce or disclose Geller Blue Book's pricing database or other Subscription Content.

Subscriber shall not continue using previously downloaded Geller Blue Book pricing information to establish prices after expiration or termination of its subscription.

At Geller Blue Book's reasonable request following suspected misuse, Subscriber shall certify in writing its compliance with this Section.

18. Changes and Updates to Subscription Content

Geller Blue Book may periodically modify, update, supplement, replace, or discontinue portions of Subscription Content.

Subscriber acknowledges that pricing information may change over time and that Subscriber is responsible for determining whether and how to use any Subscription Content in its own business.

Such updates may occur without advance notice and do not require separate acceptance of these Terms, except where required by applicable law or where material changes to Subscriber's contractual rights or obligations require notice or acceptance under Section 29.

Subscriber's right to access updates is conditioned upon maintaining an active subscription and compliance with these Terms.

19. No Professional or Business Guarantee

Subscription Content is provided as reference information and does not constitute a guarantee of prevailing market prices, profitability, customer acceptance, business performance, or any particular commercial result.

Geller Blue Book does not control the prices charged by Subscriber or other businesses.

Subscriber is solely responsible for its business decisions and the prices it independently elects to charge.

20. Injunctive and Equitable Relief

Subscriber acknowledges that unauthorized access, copying, disclosure, dissemination, distribution, extraction, misuse, or exploitation of Subscription Content may cause substantial and irreparable harm to Geller Blue Book for which monetary damages may not provide an adequate remedy.

Accordingly, notwithstanding the arbitration provisions below, Geller Blue Book may seek temporary, preliminary, or other provisional injunctive or equitable relief from a court of competent jurisdiction to prevent or stop actual or threatened unauthorized access, copying, disclosure, distribution, extraction, misuse, or infringement pending resolution of the underlying dispute.

Seeking such provisional relief does not waive the obligation to arbitrate any claim otherwise subject to arbitration.

21. Other Remedies

The remedies provided in these Terms are cumulative and do not exclude other remedies available under contract, copyright, trade-secret, unfair-competition, unauthorized-access, or other applicable law.

The contractual restrictions contained in these Terms apply independently of whether any particular pricing figure, data point, or other element of Subscription Content independently qualifies for copyright or other intellectual-property protection.

22. Attorneys' Fees and Costs

To the fullest extent permitted by applicable law, the prevailing party in an action, arbitration, or proceeding arising from or relating to a material breach of these Terms shall be entitled to recover its reasonable attorneys' fees and costs.

23. Subscription Fees; Payment; Renewal

Subscriber shall pay all subscription fees and other charges disclosed at the time of purchase or renewal. Renewal shall occur automatically, with or without advance notice, by charging the payment method on file. If the payment fails, the Subscriber will be notified and given three (3) days to make a successful payment before access to the platform is suspended.

Unless otherwise expressly stated in writing by Geller Blue Book, fees paid for a subscription are nonrefundable after access to the Service has been provided, except where otherwise required by applicable law.

24. Privacy

Information concerning Subscriber's account and use of the Service will be handled in accordance with Geller Blue Book's Privacy Policy, available at www.GellerBook.com/privacy.

Subscriber agrees that Geller Blue Book may process account and usage information as reasonably necessary to provide, secure, administer, and enforce the Service and these Terms, subject to applicable law and the Privacy Policy.

25. Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS AND REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Except for an action seeking provisional injunctive or equitable relief as expressly permitted by these Terms, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, Subscription Content, a subscription, or the relationship between Subscriber and Geller Blue Book shall be resolved by final and binding arbitration.

The arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules then in effect, except as modified by these Terms.

The arbitration shall be conducted before one arbitrator.

The arbitration shall take place in Cobb County, Georgia, unless Geller Blue Book and Subscriber agree in writing to another location or to conduct the proceeding remotely.

The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration agreement and the arbitration procedure. Except to the extent governed by federal law, Georgia substantive law shall apply.

The arbitrator shall have authority to award any individual remedy or relief available under applicable law and these Terms, but shall have no authority to award relief for or against any person or entity that is not a party to the arbitration.

Judgment upon an arbitration award may be entered in any court having jurisdiction.

26. Class, Collective, Mass, and Representative Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, GELLER BLUE BOOK AND SUBSCRIBER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.

No arbitrator may consolidate the claims of multiple subscribers or conduct a class, collective, mass, consolidated, coordinated, or representative arbitration.

If a court of competent jurisdiction determines that this waiver cannot lawfully be enforced with respect to a particular claim or requested form of relief, that claim or request for relief shall be severed and heard by the court, while all remaining arbitrable claims shall remain subject to arbitration.

27. Court Proceedings and Jury Trial Waiver

For any proceeding that is not subject to arbitration under these Terms, Geller Blue Book and Subscriber consent to the exclusive jurisdiction of the state and federal courts located in Cobb County, Georgia, and waive objections based upon personal jurisdiction, venue, or forum non conveniens.

TO THE FULLEST EXTENT PERMITTED BY LAW, GELLER BLUE BOOK AND SUBSCRIBER KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE PERMITTED TO PROCEED IN COURT.

28. Governing Law

Except to the extent governed by the Federal Arbitration Act or other controlling federal law, these Terms and the parties' relationship shall be governed by the laws of the State of Georgia, without regard to Georgia's conflict-of-laws principles.

29. Modification of Terms

Geller Blue Book may modify these Terms from time to time.

For material changes affecting Subscriber's rights or obligations, Geller Blue Book will provide reasonable notice and, where appropriate, require affirmative acceptance of the revised Terms.

The effective date of the current Terms will appear at the beginning of these Terms.

30. Assignment

Subscriber may not assign, transfer, delegate, or sublicense its rights or obligations under these Terms without the prior written consent of Geller Blue Book.

Geller Blue Book may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or other business transaction.

31. No Waiver

Failure by Geller Blue Book to enforce any provision of these Terms on one occasion shall not constitute a waiver of that provision or Geller Blue Book's right to enforce it on another occasion.

32. Severability

If a provision of these Terms is determined to be invalid or unenforceable, the provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall remain in full force and effect, except as otherwise expressly provided with respect to the class-action waiver.

33. Entire Agreement

These Terms, together with the applicable subscription order, Privacy Policy, and any additional written terms expressly incorporated by reference, constitute the entire agreement between Geller Blue Book and Subscriber concerning the Service and supersede prior or contemporaneous agreements, representations, or understandings concerning the same subject matter.

34. Survival

The provisions concerning ownership, intellectual property, confidentiality, use restrictions, downloaded information, artificial intelligence, prohibited copying and distribution, termination obligations, remedies, dispute resolution, governing law, and any other obligations that by their nature are intended to survive shall survive expiration or termination of a subscription.

35. Contact Information

Questions concerning these Terms may be directed to:

Geller Blue Book, LLC
3162 Johnson Ferry Rd. Ste 280-328
Marietta, GA 30062
Info@GellerBook.com
(770) 825-9001