These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.</p> <p>15.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.</p> <p>15.5 Whirlwind FX's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.