Any failure to exercise or enforce any right or the provision of the Terms shall not constitute a waiver of such right or provision.<br> <br>You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, at our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part.