Term of Use

These Terms of Use dated November 11, 2024 (these “Terms”) are a binding contract and govern the use of the website

https://www.scottbuico.com/ (the “Website”) operated by Scott Bui Co LLC (“Company”), any Content, resources, and

links to other websites contained on the Website and any purchases made by you through the Website.

1. Agreement. By accessing and using the Website, you must comply with these Terms, as may be amended from

time to time. You must not use the Website if you do not agree with these Terms. Company may, at any time,

change, add to, or otherwise update these Terms. Any such changes, additions, or updates are effective

immediately once posted onto the Website. Your continued use of the Website is deemed acceptance to these

Terms and any such changes, additions, or updates.

2. Content. Company, along with its affiliates, partners, and advertisers, provide content to you by means of the

Website subject to the following conditions:

a. All such content, including, without limitation, information, data, software, advertising, opinions, text,

images, graphics, audio, video, code, logos, trademarks, and the “look and feel” of this Website

(“Content”) are protected under applicable copyrights and are the intellectual property of Company or its

affiliates, partners, advertisers, licensors, and suppliers.

b. You may not use, copy, disclose, transfer, or distribute any such Content.

3. Intellectual Property. Company reserves all of its intellectual property rights, including copyrights, trademarks,

design, artistic, and moral rights, in the Website, any Content therein, or any goods or services provided.

4. Use. You may use the Website solely for personal, non-commercial, informational, educational, and

entertainment uses.

5. Prohibitions. You must not:

a. Use, modify, rearrange, distribute, sell, transfer, publish, or delete any copyright, trademark, or other

intellectual property notices on any Content or other Company intellectual property;

b. Use the Website or Content in any way that violates any applicable law;

c. Use the Website or Content in any jurisdiction that does not give full effect to all provisions of these

Terms;

d. Post or transmit content that:

i. Infringes on the copyright, trademark, patent, trade secret, moral, artistic, or other intellectual

property, personal, contractual, or other rights of Company or any other person or entity;

ii. Impersonates another;

iii. Is unlawful, violent, harassing, threatening, abusive, defamatory, invasive, obscene, or

otherwise objectionable in Company’s sole determination;

iv. Encourages criminal conduct or conduct that would give rise to civil liability or otherwise

violate any applicable law;

v. Advertises for goods or services or solicits funds in an overt, unwelcome, or otherwise

objectionable manner in Company’s sole determination; or

vi. Except as required for account registration, include personal information, including,

without limitation, phone numbers, addresses, account numbers, passwords, social security

numbers;

e. Systematically gather any Content or other data from the Website without Company’s prior written

consent;

f. Duplicate or download any Content without Company's prior written consent;

g. Decompile, reverse engineer, decrypt, or otherwise circumvent any aspect of the Website or Content;

h. Introduce malicious code, virus, software, or loads intended to cause harm to the Website;

i. Violate or attempting to violate the security of the Website, including, without limitation, exploiting or

seeking vulnerabilities or interfering with the operation of the Website, Content, system, or network, and

attempting to access data not intended for you;

j. Engage in any behavior understood to be bad faith, malevolent, or unreasonable; or

k. Violate any of these Terms.

6. Account Registration. Certain areas of the Website may require the creation of an account or otherwise require

you to provide information to access such areas, to participate in certain features, and see certain Content.

Providing such information is optional, however if you choose not to do so, your access to the Website and

Content may be limited. If you elect to provide such information, you must provide only true, current, and

complete information. You must not provide information other than your legal name or otherwise impersonate

another person. Company will use and maintain this information subject to its Privacy Policy located on the

Website. By creating an account on the Website, you agree to accept responsibility for all activities that occur

under your account. You must not sell, transfer, or assign your account or any account rights. Such sale, transfer,

or assignment is void. Each registration is for a single user only. You are solely responsible for maintaining the

confidentiality of your password. Company may terminate your account or deny you access to the Website for

any violation of these Terms.

7. License to Use Information. You grant Company and its affiliates a perpetual, irrevocable, worldwide, royalty-

free, transferable, sublicensable, and non-exclusive license to use, copy, modify, display, store, disclose,

distribute, create derivative works, reverse engineer, and otherwise exploit any information, material, ideas, or

know-how provided by you to the Website or the Company, without Company providing any compensation.

8. Third-Party Content. The Website may contain information or content supplied by third parties. By accessing

and using the Website, you acknowledge that Company is not responsible for a third party’s (i) lack of accuracy

and completeness of such information or content; (ii) inappropriate or obscene content; (iii) defamation; (iv)

fraud, misrepresentation, invasion of privacy, infringement, or other tortious misconduct; or (v) act or omission to

the extent caused by said third party. You acknowledge that any such responsibility lies with the third party and

that Company has no obligation to review or remove such content. Certain Content, areas, or features of the

Website may include information or content supplied by third parties or links leading to a third party’s website,

which may be governed by the third party’s terms and conditions. You are solely responsible for the access or use

of such Content, areas, features, or websites, including, without limitation, the review, understanding, and

acceptance of such terms and conditions.

9. Indemnification. You must indemnify, hold harmless, and defend Company, its owners, executives, officers,

directors, affiliates, employees, contractors, agents, customers, and vendors against any claims, liabilities, suits,

actions, losses, damages, and costs, including, without limitation, reasonable attorneys’ fees, brought by any third

party to the extent arising out of your (i) use of the Website or Content, (ii) alleged breach of or violation of these

Terms, (iii) breach of law, or (iv) breach of third-party intellectual property rights. Company may, at its own

expense, assume exclusive defense and control of any matter for which you must indemnify Company. You must

not enter into any settlement or admit any liability on Company’s behalf without Company’s prior written

consent.

10. Denial of Access. Company may deny access to any part of the Website or Content for any or no reason. You

must immediately cease and desist from accessing the Website or Content following notice of such denial.

11. Interruptions. Company does not guarantee continuous, uninterrupted, or secure access to the Website. Company

is not obligated to provide support or maintenance of the Website.

12. Privacy. You agree that any information we obtain through your use of the Website, is subject to Company’s

13. Survival. The provisions of these Terms, including, without limitation, warranty, indemnification, intellectual

property, and disclaimers, will survive any termination of these Terms.

14. Representations and Warranties. By accessing the Website, you represent and warrant that you (i) have read,

understand, and agree to comply with these Terms, and (ii) have the legal authority and capacity to enter into

these Terms.

15. Age Limitations. You may not use or access the Website if you are under 18 years old.

16. Geographical Restrictions. The Website is intended for use only by people located in the United States. All

others access this website on their own initiative and are responsible for compliance with their local laws.

17. Dispute. All disputes arising out of your use of the Website or Content or compliance with these Terms are

subject to the exclusive jurisdiction and venue of the courts of the Erie County courts of the state of New York.

These Terms are governed by the laws of the state of New York, without regard to conflict of law principles and

the United Nations Convention on the International Sales of Goods.

18. Disclaimers. COMPANY MAKES NO REPRESENTATION OR WARRANTY ABOUT THE ACCURACY,

COMPLETENESS, OR SUITABILITY OF ANY CONTENT ON THE WEBSITE. ALL CONTENT AND

GOODS PURCHASED ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY,

EXPRESS OR IMPLIED. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES,

INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

TITLE, OR NON-INFRINGEMENT. TO THE EXTENT ALLOWED UNDER LAW, IN NO EVENT WILL

COMPANY BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE

WEBSITE OR ANY DAMAGE THAT YOU MAY INCUR RELATED TO YOUR USE OF THE WEBSITE

OR CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER OR DATA, OR

ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER

DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFIT, LOSS OF DATA, OR DELAYS,

ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON

WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF YOU

ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU MUST FILE ANY CLAIMS WITHIN 1

YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OCCURS OR ELSE THE CLAIM IS WAIVED.

WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY, REGARDING ANY USE

OR ACCESS TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THAT (A) THE GOODS,

SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE

SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) THE

RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE

EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY GOODS, SERVICES, OR

CONTENT PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM COMPANY OR OUR

AFFILIATES WILL BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THE WEBSITE MAY

CONTAIN TECHNICAL, INFORMATIONAL, OR TYPOGRAPHICAL MISTAKES, INACCURACIES, OR

ERRORS. THE USE OF ANY SERVICES OR CONTENT IS DONE AT YOUR SOLE DISCRETION AND

RISK, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER, SYSTEM, NETWORK,

OR DATA. COMPANY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED

THROUGH OR IN CONNECTION WITH THE WEBSITE. SUCH TRANSACTIONS ARE CONDUCTED

ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH

ANY PRODUCTS, SERVICES, OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A

THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY COMPANY OR ANY

OTHER OF COMPANY’S AFFILIATES. NEITHER COMPANY NOR ITS AFFILIATES ARE LIABLE FOR

NOR DOES COMPANY ENDORSE ANY THIRD-PARTY GOODS, SERVICES, OR CONTENT OFFERED

THROUGH THE WEBSITE. THE PROVISIONS IN THIS SECTION ARE APPLICABLE TO THE EXTENT

PERMITTED BY APPLICABLE LAW.

20. Purchase Policy. All pricing is denominated in US Dollars and is subject to change without prior notice. You

must pay the total purchase price prior to Company’s acceptance and fulfillment of an order. Company may

discontinue selling any goods or services, decline any order, or limit order quantities, for any reason or no reason,

with or without notice. Company may add applicable sales taxes to the total purchase price. Company reserves all

rights in the intellectual property incorporated in any goods or services delivered. Company does not guarantee

the descriptions or images of the goods or services are accurate or complete.

21. Storage of Data. Company is not responsible for nor is the Website designed or intended to be used for any

preservation, storage, maintenance, or transmission of any data, including, without limitation, your data, through

the Website.

22. Notices. All notices to Company must be in writing by both (1) email at wed@scottbuico.com and (2) certified

mail to 404 Carmen Road, Amherst, New York 14226.

23. Infringement of Intellectual Property. If you believe that your copyright, trademark, or other intellectual

property rights have been infringed on by a posting on the Website or contained within the Content, you should

notify Company in accordance with the notice process herein and provide the following information:

a. Statement clearly identifying and explaining the details of the suspected intellectual property infringement

and where such infringing intellectual property is located;

b. Statement of good faith regarding the suspected infringement;

c. Statement under perjury that your notice is accurate and you are authorized to act on behalf of the owner

of the intellectual property; and

d. Name, address, email address, and signature of the person authorized to act on behalf of the owner of the

intellectual property.

24. Severability. If any provision of these Terms is held by a court to be invalid, illegal, or unenforceable under any

applicable law, such provision will be ineffective only to the extent of such invalidity, illegality, or

unenforceability and the remaining provisions will not be affected thereby. The remaining provisions will remain

valid and enforceable.

25. Relationship. No joint venture, partnership, employment, or agency relationship exists between you and

Company as a result of these Terms or your use of the Website or Content.

26. Headings. Headings are used for convenience and do not modify, define, expand, or limit any provisions

contained herein.

27. Compliance with Law. You must comply with all applicable laws. You are responsible for knowledge of

applicable law.

28. Waiver. No failure by Company to insist upon the strict performance of any obligation of these Terms or to

exercise any right or remedy thereof shall constitute waiver of any such right or remedy.

29. Entire Agreement. These Terms contain the entire agreement between you and Company and supersede any

prior agreements, understandings, and communications between you and Company related to the subject matter of

these Terms. Except as authorized herein, no amendment or modification to these Terms has any effect or is

binding unless signed by both parties. These Terms will be interpreted as negotiated, written, and prepared jointly

by both parties and any rules of construction against the drafter are expressly waived.

PRIVACY POLICY