Resilinc Terms of Use
Please read these Resilinc Terms of Use (the “Terms”) carefully because they are a binding agreement between you, on behalf of yourself and the organization you represent (“You” or “Your Organization”), and Resilinc Corporation and our affiliates (“Resilinc” or “We”). These Terms apply to your use of the (i) Resilinc digital properties we make available to you free of charge, including our websites, mobile apps, and portals (including the Resilinc Supplier Portal), (ii) Resilinc accounts, and (iii) Resilinc content (collectively, the “Services”). Resilinc operates a global supply chain intelligence platform that creates value for suppliers, customers, and the broader supply chain ecosystem by combining information from multiple sources to generate network-level intelligence, risk analytics, compliance insights, and other products and services. These Terms describe the rights and protections that apply to data you provide through the Services and how Resilinc uses that data to deliver and improve the platform for all participants. These Terms do not apply to Resilinc’s subscription-based cloud services, professional services, or data offerings (collectively, “Enterprise Services”).
For information about how Resilinc collects, uses, and shares personal information, please see the Resilinc Privacy Statement linked here: https://resilinc.ai/privacy-statement/. Your acceptance of these Terms constitutes your consent to the processing of personal information described in the Resilinc Privacy Statement unless you live in the European Economic Area, in which case Resilinc will process your personal information in accordance with applicable data protection law.
1. ACCEPTANCE
These Terms govern your use of the Services that are linked to these Terms. If you choose to use the Services, you are agreeing to these Terms on behalf of yourself and your organization. By accepting these Terms, you agree that the rights and licenses granted herein apply to all data and information previously and subsequently provided, uploaded, validated, maintained, or made available through the Services by you, your organization, or anyone acting on your organization’s behalf.
Resilinc offers Enterprise Services to its customers subject to the or another separate subscription or master services agreement.
Resilinc reserves the right to update and modify these Terms at any time. If we make material changes to these Terms, we will provide notification to you at least 10 days prior to such changes taking effect. Such notification will be sent to the email address associated with your account and/or displayed within the Services. Non-material changes may be implemented without prior notice. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must discontinue using the Services prior to the effective date of such changes.
2. RESILINC ACCOUNTS
To create a Resilinc account, you must complete the registration process by providing us with an email address, a username, and a password. By creating an account, you represent that you are authorized to act on behalf of the organization you identify during registration and to bind that organization to these Terms. You agree to protect against wrongful access to your Resilinc account by using a strong password that you keep confidential. You will notify Resilinc immediately of any unauthorized use of your Resilinc account or any other breach of security relating to the Services of which you become aware. You are responsible for anything that happens through your Resilinc account unless (1) otherwise specified by your organization’s agreement for Enterprise Services, if any, or (2) you close your Resilinc account or report misuse.
3. USE OF SERVICES
You are granted a right to use the Services to (1) engage or share information with Resilinc customers and users, (2) access Resilinc offerings, and (3) learn about Resilinc and our offerings. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms, Resilinc’s policies, or other notices we provide.
You agree you will not:
- Use the Services to share, distribute, or create (1) inaccurate or false information, (2) information you are not authorized to disclose, or (3) inappropriate, profane, defamatory, obscene, indecent, or unlawful material or information;
- Override any security feature or bypass or circumvent any access controls or use limits of the Services;
- Copy, use, display or distribute any information (including content) obtained from the Services, whether directly or through third parties (such as search tools or data aggregators or brokers), without the consent of Resilinc;
- Develop, support, or use software, devices, scripts, bots or any other means or processes (such as crawlers, browser plugins and add-ons or any other technology) to scrape or copy the Services, including any accounts, content or data made available through the Services;
- Violate the intellectual property rights of Resilinc or others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
- Distribute or share anything that contains software viruses, worms, or any other harmful code via the Services;
- Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Services or any related technology;
- Rent, lease, loan, trade, sell, re-sell, or otherwise monetize the Services or related data or access to the same;
- Use bots or other methods of engagement in ways that may interfere with the operation of, place an unreasonable load on, or slow the Services (e.g., spam, denial of service attack, viruses, manipulating algorithms);
- Use the Services to do anything that is unlawful, misleading, discriminatory, or fraudulent; or
- Attempt to copy or change, alter, or otherwise attempt to modify the Services or these Terms.
Resilinc has no obligation to monitor the Services. However, Resilinc reserves the right to review information you submit, share, receive, download, or access using the Services and to remove any information and materials in its sole discretion.
4. SUPPLIER DATA; LICENSE AND USE RIGHTS
Through your use of the Services, you and your organization may provide Resilinc information, data, documents, responses, assessments, and other materials, whether submitted through the portal, through registration, through workflows, or through other interactions with the Services (collectively, “Supplier Data”). Supplier Data includes, without limitation, company identifiers and profiles, location and site data, contact information, part and product data, sub-tier supplier information, manufacturing and operational data, supply chain mapping and relationship data, assessment responses, and materials composition data. By providing, posting, uploading, inputting, validating, submitting, or maintaining Supplier Data, whether under the current version or prior versions of these Terms, you (on behalf of yourself and your organization) grant Resilinc a worldwide, transferable, perpetual, irrevocable, and sublicensable right and license to collect, receive, host, store, reproduce, normalize, validate, correct, enrich, combine, integrate, analyze, transform, derive from, display, distribute, make available, commercialize, sublicense, and otherwise use and process Supplier Data, and to create derivative works and analytical outputs from Supplier Data, without any further consent, notice, or compensation to you or others, for any purpose in connection with Resilinc’s business (collectively, “Platform Purposes”), including: (a) operating, providing, maintaining, securing, and improving the Services and Enterprise Services; (b) serving Resilinc customers, including customers that have invited your organization to use the Services and customers that may benefit from intelligence derived in whole or in part from Supplier Data; (c) building and maintaining platform-level supplier profiles, reducing duplicate data requests, pre-populating supplier information, and routing supplier engagement across customers and over time; (d) generating supply chain intelligence, including risk scoring, benchmarking, network mapping, relationship discovery, alternate supplier and site identification, compliance and trade analytics, performance analytics, and predictive modeling; (e) combining Supplier Data with data from other suppliers, Resilinc customers, public sources, commercial datasets, event intelligence, and Resilinc-derived intelligence to create integrated network-level analytics and insights; (f) creating, developing, training, fine-tuning, grounding, evaluating, validating, testing, monitoring, and improving generative and non-generative artificial intelligence and machine learning models and capabilities, including through the creation and use of embeddings, features, model weights, synthetic data, and evaluation datasets; (g) developing and delivering existing and future products, services, data offerings, scoring systems, recommendations, marketplace offerings, partner and channel offerings, and commercial intelligence products; and (h) any other lawful purpose consistent with Resilinc’s supply chain risk, resilience, sustainability, compliance, and intelligence mission. The foregoing license is granted to support and advance the value of the Resilinc platform for all participants in the supply chain ecosystem, including your organization, Resilinc’s customers, and the broader network.
As between you and Resilinc, you retain ownership of the Supplier Data you provide, subject to the license granted in these Terms. Resilinc owns all right, title, and interest in and to the Services, the platform, and all Resilinc Intelligence, including all algorithms, models, model weights, schemas, taxonomies, normalization rules, mappings, scores, benchmarks, risk assessments, relationship inferences, classifications, analytics, derived outputs, aggregated datasets, de-identified datasets, and other analytical and intelligence products created, generated, or derived by Resilinc through the combination, transformation, or analysis of Supplier Data, whether alone or together with data from other sources (collectively, “Resilinc Intelligence”). Resilinc Intelligence is not Supplier Data and is not subject to any ownership claim, use restriction, deletion obligation, or confidentiality obligation applicable to Supplier Data, even if Resilinc Intelligence was created using Supplier Data as an input. Resilinc may use Resilinc Intelligence for any lawful purpose, including in commercial offerings, without restriction. Resilinc may also collect, use, and rely upon information that is independently obtained from public sources, commercial datasets, or third parties, even if substantially similar information also appears in Supplier Data, and such independently obtained information is not subject to these Terms. No rights are granted to you to access other suppliers’ confidential data, customer-specific data, Resilinc Intelligence, or data sources beyond your authorized view within the Services.
Resilinc will not use or disclose Supplier Data other than as permitted under these Terms. Any information disclosed through the Services that is identified by the disclosing party as confidential shall be deemed “Confidential Information.” Resilinc will protect Confidential Information from unauthorized dissemination and use the same degree of care that it uses to protect its own confidential information, but in no event less than a reasonable amount of care. Resilinc will not disclose your Confidential Information to other suppliers or to Resilinc customers except where (a) authorized by you or your organization, (b) reasonably necessary to perform a requested workflow or fulfill a Platform Purpose, or (c) otherwise permitted under these Terms. For the avoidance of doubt, Resilinc Intelligence is not Confidential Information, and aggregated data, de-identified data, transformed data, and derived outputs that do not reasonably identify your organization or reveal your Confidential Information are not Confidential Information. Resilinc may use and disclose Resilinc Intelligence and such outputs without restriction. Nothing in this section limits Resilinc’s right to use Supplier Data for Platform Purposes as described in these Terms, including combining Supplier Data with data from other sources and using such combined data to generate Resilinc Intelligence.
Resilinc is under no obligation to post or use any Supplier Data you may provide and Resilinc may remove any Supplier Data at any time in its sole discretion.
You warrant and represent that (1) each item of Supplier Data is accurate, appropriate, and proper to the best of your knowledge, (2) you have all rights or permissions necessary to provide Supplier Data and to grant the licenses set forth in these Terms, except that with respect to Supplier Data about third parties (including sub-tier supplier information), this representation is made to the best of your knowledge, and (3) you are authorized to act on behalf of the organization you represent in providing Supplier Data and accepting these Terms.
5. MARKETING AND COMMUNICATIONS
By accepting the Terms or sharing your information, you expressly authorize Resilinc to contact you in any lawful manner and for any lawful purpose, including to provide you information about the Resilinc products, services and market, to promote our products, services, and offerings, and to provide you support. You represent and warrant that any information you provide, including your email address and phone number, is yours to provide.
Your consent to the terms of this section is not required, directly or indirectly, as a condition of purchasing any goods or services, including information or software, from Resilinc. Should you not wish to consent to being contacted for promotional purposes, or to revoke a consent previously given, you agree to notify us of such wish by contacting us at [email protected].
You acknowledge that contact information (such as name, email address, phone number, and job title) submitted through registration, supplier profiles, assessments, or other interactions with the Services may be maintained by Resilinc at the platform level and used to contact you or your organization on behalf of Resilinc or Resilinc customers for purposes related to the Services, including supply chain event notifications, assessments, information requests, and engagement workflows. Resilinc may facilitate communications between your organization and Resilinc customers without disclosing your contact details to those customers where appropriate. Your contact information will be processed in accordance with these Terms and the Resilinc Privacy Statement.
6. INTELLECTUAL PROPERTY
All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Services, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Services are owned by Resilinc or a third party and are protected under copyright, trademark and other intellectual property and proprietary rights laws.
You agree that any copy of the Services, or any portion thereof, that you make (1) may only be used for personal, non-commercial purposes or for informational purposes within your organization and (2) must retain all copyright and other proprietary notices. You may not copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Services, in whole or in part, for public or commercial purposes or modify, translate, alter, or create any derivative works thereof. Any use of the Services not in accordance with these Terms is strictly prohibited. Resilinc reserves all other rights. Notwithstanding anything herein to the contrary, Resilinc may revoke any rights granted herein, at any time without prior notice.
You may choose to provide feedback to Resilinc concerning the Resilinc products and services, including identifying potential errors and improvements (“Feedback”). You hereby assign to Resilinc all right, title, and interest in and to the Feedback.
7. RESILINC SOFTWARE
Unless accompanied by a separate license agreement, any software provided by us to you as part of the Services is subject to these Terms, including those we make available through third-party app stores.
If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Resilinc. Notices, if any, for the third-party code are included for your information only.
The software is licensed, not sold, and Resilinc reserves all rights to the software not expressly granted by Resilinc, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
- circumvent or bypass any technological protection measures in or relating to the software or Services;
- disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
- publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Resilinc expressly authorizes you to do so;
- transfer the software, any software licenses, or any rights to access or use the software or Services; or
- use the software in any unauthorized way that could interfere with anyone else’s use of them or gain access to any Resilinc service, data, account, or network.
You acknowledge and agree that third-party app store operators are third-party beneficiaries of these Terms, and that, such distributors may have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Any Resilinc software which is downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Resilinc Corporation, 1765 Landess Ave., PMB 701, Milpitas, CA 95035.
8. REPRESENTATIONS AND WARRANTIES
The documents, materials, content, and related graphics published on the Services could include inaccuracies, errors, or otherwise be outdated.
RESILINC AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, RESILINC DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, RESILINC AND ITS AFFILIATES WILL NOT BE LIABLE IN CONNECTION WITH THESE TERMS OR THE SERVICES FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. RESILINC AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THESE TERMS FOR ANY AMOUNT GREATER THAN $100 USD. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY SOLELY TO RESILINC’S LIABILITY AND DO NOT LIMIT YOUR LIABILITY TO RESILINC. THE FOLLOWING ARE NOT SUBJECT TO ANY LIMITATION OF LIABILITY: (A) YOUR BREACH OF SECTION 3 (USE OF SERVICES); (B) YOUR INFRINGEMENT OF RESILINC’S INTELLECTUAL PROPERTY RIGHTS; (C) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 14; (D) YOUR BREACH OF ANY CONFIDENTIALITY OBLIGATIONS UNDER THESE TERMS; AND (E) ANY CLAIM ARISING FROM YOUR BREACH OF THE REPRESENTATIONS IN SECTION 4 REGARDING AUTHORITY TO BIND YOUR ORGANIZATION OR RIGHTS TO PROVIDE SUPPLIER DATA.
10. DIGITAL MILLENNIUM COPYRIGHT ACT
Resilinc is committed to respecting and protecting the legal rights of copyright owners. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe any of the Service or the materials contained therein, in whole or in part, or any materials thereof, infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”) to [email protected].
11. TERMINATION
Resilinc may, in its sole discretion, terminate or discontinue operation of the Services, revoke your rights to the Services, or terminate these Terms for any reason. The provisions of the Terms will survive deletion of your Resilinc account or your access to the Services. Upon termination of access to the Services by your organization, Resilinc will, upon written request submitted to [email protected], delete identifiable Supplier Data stored in your organization’s account within ninety (90) days of such request, subject to applicable law. Notwithstanding the foregoing, deletion does not affect: (a) Resilinc’s rights under the perpetual, irrevocable licenses granted in Section 4; (b) Resilinc Intelligence and data already incorporated into aggregated, de-identified, transformed, or derivative datasets; (c) data incorporated into AI or machine learning models, model weights, embeddings, analytics, network intelligence, or other algorithmic or analytical outputs; (d) data that Resilinc has independently obtained from other lawful sources; (e) backups retained in accordance with Resilinc’s data retention policies; and (f) data subject to a legal hold or required to be retained under applicable law. Resilinc is not required to delete data where deletion is technically infeasible without disproportionate effort, including data that has been integrated into trained models, aggregated datasets, or de-identified outputs from which extraction of individual supplier contributions is not reasonably practicable. For the avoidance of doubt, Resilinc has no obligation to return any materials to you or your organization upon termination, and termination does not require deletion of Resilinc Intelligence.
12. THIRD-PARTY SERVICES
The Services may contain links to third-party services and websites. Resilinc is not responsible for the content, accuracy, or opinions expressed on such services and websites. Inclusion of any links to third-party services and websites on the Services does not imply approval or endorsement by Resilinc. When you access these third-party services and websites, you do so at your own risk and become subject to their terms of use and privacy policies.
13. GENERAL PROVISIONS
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts in Santa Clara County, California, U.S.A., with respect to any dispute, disagreement, or cause of action related to the Services. Resilinc’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time. Resilinc may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under these Terms. You may not assign your rights or delegate your duties under these Terms without the prior written consent of Resilinc. The following provisions survive termination or expiration of these Terms: Section 4 (Supplier Data; License and Use Rights), Section 6 (Intellectual Property), Section 8 (Representations and Warranties), Section 9 (Limitation of Liability), Section 11 (Termination), Section 14 (Indemnification and Defense), Section 15 (Artificial Intelligence and Automated Processing), and Section 16 (Dispute Resolution).
If any provision of these Terms, or the application of any provision to any data, person, or circumstance, is held invalid, illegal, or unenforceable for any reason, such provision shall be enforced to the maximum extent permissible and modified to the minimum extent necessary to make it enforceable, and such holding shall not affect any other provision of these Terms or the application of such provision to any other data, person, or circumstance. These Terms constitute the entire agreement between you and Resilinc with respect to your use of the Services. The rights and licenses granted to Resilinc under these Terms are in addition to, and not in limitation of, any rights granted to Resilinc under any other agreement between Resilinc and you or your organization, and no such other agreement will limit or supersede these Terms unless it expressly references and limits these Terms.
14. INDEMNIFICATION AND DEFENSE
You agree to defend, indemnify, and hold harmless Resilinc, its affiliates, and each of their respective officers, directors, employees, agents, and licensors from and against any and all claims, demands, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your Supplier Data, including any claim that your Supplier Data infringes or violates any third-party intellectual property rights, privacy rights, publicity rights, or applicable law; (b) your breach of Section 3 (Use of Services) or any other provision of these Terms; (c) your violation of any third-party rights, including without limitation intellectual property, privacy, publicity, or contractual rights; (d) your breach of any representation or warranty made in these Terms; (e) your negligent acts or omissions or willful misconduct in connection with the Services; or (f) your use of the Services in violation of applicable law. Resilinc reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Resilinc, and you agree to cooperate with Resilinc’s defense of such claims. You may not settle or compromise any claim subject to indemnification under this Section without Resilinc’s prior written consent. Your obligations under this Section will survive any termination or expiration of these Terms.
15. ARTIFICIAL INTELLIGENCE AND AUTOMATED PROCESSING
You acknowledge and agree that the Services use artificial intelligence (including generative and non-generative AI), machine learning, algorithms, agentic AI capabilities, and other automated processing technologies to analyze data, generate insights, provide recommendations, enhance functionality, and continuously improve the Services and Enterprise Services. Without limiting the generality of the license granted in Section 4, you acknowledge and consent to the following uses of Supplier Data in connection with AI and automated processing: (a) training, fine-tuning, grounding, retrieval, embedding, testing, evaluation, validation, monitoring, and improvement of generative and non-generative AI and machine learning models; (b) creation of embeddings, features, model weights, synthetic data, model artifacts, and evaluation datasets; (c) processing by third-party enterprise model providers and hosting providers, subject to contractual data handling obligations and Resilinc’s AI governance practices; and (d) generation of AI-powered analytics, recommendations, risk assessments, compliance insights, and other automated outputs. All AI-generated outputs, insights, recommendations, and other content provided through the Services are for informational purposes only and do not constitute professional advice, business recommendations, guarantees, or warranties of any kind. You are solely responsible for evaluating, verifying, and determining the appropriateness of any AI-generated content before relying on or acting upon it. Resilinc makes no guarantee, representation, or warranty regarding the accuracy, completeness, reliability, timeliness, or fitness for any particular purpose of any AI-generated content or automated outputs. You understand that AI and machine learning technologies are inherently probabilistic and that outputs may vary based on inputs, training data, and other factors. Resilinc disclaims all liability for any decisions made or actions taken based on AI-generated content, and you agree to hold Resilinc harmless from any claims arising from your use of or reliance on such automated outputs. You will not (i) attempt to extract, reverse engineer, or reconstruct any Resilinc model, training data, algorithm, or proprietary methodology from AI outputs or the Services, (ii) use the Services or AI outputs to develop products or services that compete with Resilinc, or (iii) use AI outputs to make automated decisions with significant legal or economic effects on individuals without appropriate human review and compliance with applicable law.
16. DISPUTE RESOLUTION
16.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact Resilinc at [email protected] and attempt to resolve the dispute informally for at least sixty (60) days. If the dispute is not resolved within that period, either party may proceed as set forth below.
16.2 Arbitration Agreement. Except as expressly provided in Section 16.4, you and Resilinc agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your Supplier Data (collectively, “Disputes”) will be resolved exclusively through final and binding arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) under its Comprehensive Arbitration Rules and Procedures, rather than in court. The arbitration will be conducted by a single arbitrator in Santa Clara County, California, unless you and Resilinc agree otherwise. The arbitrator shall have exclusive authority to resolve all Disputes, including any claim that all or any part of this Section 16 is void or voidable. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
16.3 Class Action and Representative Action Waiver. YOU AND RESILINC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION, COURT, OR ANY OTHER FORUM, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You and Resilinc expressly waive any right to participate in a class action, collective action, private attorney general action, or any other representative proceeding. If a court or arbitrator determines that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and proceed in a court of competent jurisdiction, while the remaining claims shall proceed in arbitration.
16.4 Exceptions to Arbitration. Notwithstanding Section 16.2, either party may: (a) bring an individual action in small claims court if the claim qualifies; or (b) seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration, including claims related to intellectual property infringement, misappropriation of trade secrets, unauthorized access to the Services, or breach of confidentiality obligations. Any such court proceeding shall be subject to the jury trial waiver in Section 16.6.
16.5 Severability. If any provision of this Section 16 is found to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
16.6 Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND RESILINC EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY ACTION BROUGHT IN COURT PURSUANT TO AN EXCEPTION TO THE ARBITRATION AGREEMENT SET FORTH IN THIS SECTION 16.
16.7 Survival. This Section 16 shall survive any termination of these Terms or your access to the Services.