Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or First Look in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. </p> <p>