Introduction

Welcome to Wagman Primus. By visiting The Wagman Primus, LP ("Wagman Primus") websites, including http://www.wagmanprimus.com and http://www.wagmanhair.com ("Sites"), you are agreeing to the terms in this "Terms of Use" including any terms available by hyperlink in the Terms of Use, such as the Wagman Primus Privacy Policy. We strongly recommend that as you read these Terms of Use you access and read all of the information provided by hyperlink. If you object to any of the terms in the Terms of Use, including the Privacy Policy and any other information made available via hyperlink, please do not use the Sites or the Wagman Primus services.

Wagman Primus Privacy Policy

Please review our Privacy Policy to understand Wagman Primus's practice since your use of the Sites is subject to such policy. The Privacy Policy is incorporated by reference into the Terms of Use.

Limited License to Sites; Restrictions of Use of Sites

Wagman Primus grants you a limited, revocable and non-exclusive license to make personal, non-commercial use of the Sites. Any unauthorized use of the Sites, the content or any portion or derivative thereof shall terminate any license or permission granted by Wagman Primus.

You must be at least 18 years old to use the Sites. If you are under 18 years old, you may use the Sites only with supervision and involvement of your parent or legal guardian.

You agree to use the Sites only for lawful purposes and are prohibited from posting on or transmitting through the Sites any unlawful, harmful, threatening, defamatory or other objectionable material of any kind.

Your limited license granted above does not include any rights to:

• modify, download, reproduce, copy, or resell the Sites, the content or any portion or derivative thereof;
  
• commercially use the Sites, the content or any portion or derivative thereof;
  
• copy or download any account information (including your own account) for any purpose;
  
• use any robot, spider, data miner, scraper or other tool to access the Sites or its related systems for any purpose;
  
• interfere with the proper working of the Sites;
  
• bypass any Wagman Primus measures used to prevent or restrict access to any portion of the Sites;
  
• frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Wagman Primus;
• use Wagman Primus's name, trademarks, services marks or logos in any meta tags or any other similar hidden text; or
  
• compile, disseminate or otherwise use data extracted from the Sites.

Proprietary Rights

You acknowledge that the Sites, its content and all related copyrights, trademarks, patents, trade secrets and other proprietary rights are owned exclusively by Wagman Primus and protected by federal, state and common law intellectual property laws. All content available on the Sites ("Content"), and the selection, arrangement, coordination, compilation and derivatives of such Content, is copyrighted under U.S. and international copyright laws and owned exclusively by Wagman Primus. You may not modify, remove, delete, transmit, transfer or sell, create derivative works from, or in any way exploit any of the Content, in whole or in part, whether yourself or by assisting others to do any of the foregoing. Except as expressly permitted under U.S. copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without first obtaining permission of the owner of the copyright or other propriety right.

"Wagman Primus" and other logos, designs and service names on the Sites ("Wagman Primus Marks") are trademarks and trade dress owned exclusively by Wagman Primus and are protected under United States trademark law.

Your limited license to use the Sites does not include any right to use the Wagman Primus Marks or Content in any manner without Wagman Primus's prior authorization. Without limiting the foregoing, you may not use any Wagman Primus Marks or Content in connection with a product or service that is not Wagman Primus's, in any way that is likely to cause confusion among consumers, or in any way that is disparaging or defamatory in any way.

Disclaimer of Warranty and Limitation of Liability

THE SITES AND ALL INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES, CONTENT AND WAGMAN PRIMUS MARKS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED BY WAGMAN PRIMUS "AS IS" AND ON AN "AS AVAILABLE" BASIS. WAGMAN PRIMUS MAKES NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE OPERATION OF THE SITES OR TO THE INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES, CONTENT AND WAGMAN PRIMUS MARKS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, WHETHER EXPRESS OR IMPLIED, ORAL OR IN WRITING, IN FACT OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WAGMAN PRIMUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT. WAGMAN PRIMUS MAKES NO WARRANTY THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. WAGMAN PRIMUS MAKES NO WARRANTY AND DISCLAIMS ANY LIABILITY REGARDING THE ACCURACY OR VALIDITY OF ANY DATA, MATERIALS AND/OR INFORMATION AVAILABLE THROUGH USE OF THE SITES OR RESIDING ON OR PASSING THROUGH ANY INTERCONNECTING NETWORKS USED IN CONNECTION WITH THE SITES. IN NO EVENT SHALL WAGMAN PRIMUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM RELIANCE ON ANY DATA, MATERIALS, CONTENT OR INFORMATION AVAILABLE ON OR OBTAINED THROUGH USE OF THE SITES.

WAGMAN PRIMUS SHALL NOT BE LIABLE FOR, AND YOU SHALL BE SOLELY RESPONSIBLE FOR, YOUR HARDWARE, NETWORK CONNECTIVITY, HOSTING SERVICES, OPERATIONAL SOFTWARE, THIRD PARTY SOFTWARE, SECURITY, THE BACKUP AND STORAGE OF ANY DATA AND THE ACTS AND OMISSIONS OF YOUR VENDORS. IN NO EVENT SHALL WAGMAN PRIMUS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SITES OR ANY INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES, CONTENT AND WAGMAN PRIMUS MARKS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY OR SPECIAL DAMAGES, EVEN IF WAGMAN PRIMUS HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. YOU UNDERSTAND THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

CERTAIN STATE LAWS DO NOT PERMIT EXCLUSIONS OF CERTAIN DAMAGES OR LIMITATIONS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to indemnify and hold harmless Wagman Primus and its officers, directors and employees against any claim or demand, including reasonable attorneys' fees, made by a third party related to or arising out of your breach of the Terms of Use or violation of any applicable law or the rights of a third party.

Termination

You understand and agree that Wagman Primus may suspend or terminate your use of the Sites at any time if Wagman Primus determines you have violated or attempted to violate these Terms of Use.

Applicable Law; Jurisdiction; Venue; Injunctive Relief

By visiting the Sites, you agree that the substantive and procedural laws of the Commonwealth of Pennsylvania, except with respect to that body of law relating to choice of law, shall govern these Terms of Use and any other dispute arising between you and Wagman Primus. You and Wagman Primus also consent to exclusive jurisdiction and venue in the state courts located in Bucks County of the Commonwealth of Pennsylvania and in the United States District Court located in the Eastern District of the Commonwealth of Pennsylvania.

Notwithstanding anything to the contrary in these Terms of Use, Wagman Primus may seek injunctive or other appropriate relief, without the need to post a bond, in any state or federal court in the Commonwealth of Pennsylvania to the extent you infringe or otherwise violate Wagman Primus's intellectual property rights. Any award made by a Court in conjunction with litigation between the parties regarding these Terms of Use shall include an award of all reasonable attorneys' fees and legal costs incurred by the party in whose favor the final decision is rendered.

Modifications

Wagman Primus reserves the right to make modifications to the Terms of Use from time to time and will post a notification of such changes on the Sites. You are responsible for periodically checking the Sites to become aware of any such modifications. Modifications:

No modifications to date

Severability; Waiver

If any provision of the Terms of Use shall be deemed invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of the Terms of Use. These Terms of Use may be waived, only by a written instrument signed by the party waiving compliance. The waiver by any party hereto of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any subsequent breach.

Communications

If at anytime, you wish to opt-out of receiving email communications from Wagman Primus, please notify us
at customerservice@wagprim.com.

Notices

All notices, legal or otherwise, shall be sent: (1) in the case of Wagman Primus to you, to any email address and/or mailing address provided by you; and (2) in the case of you to Wagman Primus, to: The Wagman Primus Group, LP, 47 Runway Road, Suite C, Levittown, PA 19057. Notices sent to you by email shall be deemed received 24 hours after being sent unless Wagman Primus receives notice that the email address is invalid. Notices by mail shall be deemed received three days after the date of mailing.

Independent Contractors

No agency, association, partnership or joint venture between you and Wagman Primus is intended or created by these Terms of Use.

Entire Agreement

These Terms of Use constitute the complete agreement between you and Wagman Primus and supersedes all previous communications, representations, proposals or agreements, either oral or written, with respect to the Sites and any information, materials, products, services, Wagman Primus Marks or Content available through the Sites.