TOHUM ‘s failure to perform or observe any term or part of the Terms of Use shall not constitute or be construed as a waiver of any right of TOHUM arising out of the Terms of Use due to the past or future acts or omissions of any person. TOHUM’s receipt and collection of any money or any person’s reliance on TOHUM ‘s actions shall also not constitute or be construed as a waiver of any provision or part of the Terms of Use. Only and only a definite and written waiver signed by an authorized representative of TOHUM shall be deemed legally valid.