Terms-of-Use

Effective:  1 August 2023 (Original)

The Website located at derusfinearts.com/ (the “Website”) is published, owned, and operated by DeRus and related entities (“DeRus Fine Arts”). These Terms of Use (the “Terms”) govern your access to and use of the Website.

By accessing, browsing, submitting information to, and using the Website, you agree and acknowledge on your behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and directives. If you disagree with these Terms, please do not use the Website.

1. Purpose of the Website.

The Website is provided solely for informational purposes and to enable communication between you and DeRus Fine Arts. The information provided is intended to be general and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. WHILE THE WEBSITE MAY CONTAIN MEDICAL INFORMATION, NOTHING CONTAINED WITHIN THE WEBSITE IS INTENDED TO TREAT OR DIAGNOSE ANY SPECIFIC AILMENT. BEFORE ADOPTING ANY OF THE RECOMMENDATIONS CONTAINED WITHIN THIS WEBSITE OR PRODUCTS SOLD THROUGH THE WEBSITE, PLEASE CONSULT YOUR PHYSICIAN OR MEDICAL CARE PROVIDER.

DeRus Fine Arts does not warrant this information’s accuracy, completeness, or usefulness at any particular time. Any reliance you place on such information is strictly at your own risk. DeRus Fine Arts disclaims all liability and responsibility arising from any reliance placed on such Content by you, any other visitor to the Website, or anyone who may be informed of its contents. The DeRus Fine Arts collects any information you provide or that through the Website shall be handled by the Website’s Privacy Policy, which is incorporated by reference.

2. Use of the Website.

DeRus Fine Arts grant you a non-exclusive right to access and use the Website and the data, material, Content, or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by DeRus Fine Arts to use the Website for commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws.

3. Prohibited Uses. You agree that you will not:

• Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of them;
• Attempt to gain unauthorized access to any Website account, computer systems, or networks associated with DeRus Fine Arts or the Website;
• Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by DeRus Fine Arts;
• Use any robot, spider, or another automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• Impersonate or attempt to impersonate DeRus Fine Arts, David Smith, MD, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the preceding).

4. Third-party Websites.

The Website may contain links to websites controlled or operated by persons and companies other than DeRus Fine Arts (“Linked Sites”). Linked Sites are not under the control of DeRus Fine Arts, and DeRus Fine Arts is not responsible for any Linked Site’s contents, including any links on a Linked Site or any changes or updates to a Linked Site. DeRus Fine Arts is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. DeRus Fine Arts is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DeRus Fine Arts of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support DeRus Fine Arts or are identified on the Website, including any delivery of and payment for goods and services.

5. Linking to the Website and Social Media Features.

You may link to our homepage, provided you do so fairly, legally and do not damage DeRus Fine Arts’s reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without DeRus Fine Arts’s express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to specific Content on this Website;
• Send emails or other communications with particular Content or links to explicit Content on this Website;
• Cause portions of Content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use the feature solely as they are provided by the Website and solely concerning the Content they are displayed with and otherwise by any additional terms and conditions DeRus Fine Arts delivers concerning such features; subject to the preceding, you must not:

• Establish a link from any website that you do you do not own
• Cause our Website or any portion of it to be displayed or appear to be displayed on any other website;
• Link to any part of the Website other than the homepage;
• Otherwise, take any action concerning the Content on this Website that is inconsistent with any other provision of these Terms.

You agree to cooperate with DeRus Fine Arts in causing any unauthorized framing or linking immediately to cease. DeRus Fine Arts reserves the right to withdraw linking permission without notice. DeRus Fine Arts may, in his sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. DeRus Fine Arts may also turn all or any social media features and links at any time without notice in his sole discretion.

6. Third-party Applications.

You acknowledge that your access and use of any third-party applications or software on our Website and Content (the “Third-party Applications”) are at your discretion and risk. DeRus Fine Arts has no liability to you arising from your use of the Third-party Applications. DeRus Fine Arts, at this moment, disclaims any representation, warranty, or guarantee regarding the Third-party Applications, whether expressed, implied, or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold DeRus Fine Arts harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.

7. Intellectual Property Notices.

Copyrights and trademarks protect the Website and Content or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website or Content in any manner except as expressly permitted by DeRus Fine Arts in these Terms. The Website or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way. You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of DeRus Fine Arts or the applicable owner.

Your computer may temporarily store copies of Content incidental to your accessing and viewing those Content. You may store files automatically cached by your web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Website for your personal, non-commercial use related to shopping or placing an order on this Website, if applicable, and not for further reproduction, publication, or distribution.

Copyright. It would help if you assumed that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used without the written permission of DeRus Fine Arts. Further, DeRus Fine Arts neither warrants nor represents that your use of materials displayed on the Website will not infringe the rights of third parties. Content, images, photographs, or illustrations shown on the Website is either property of, or used with permission by, DeRus Fine Arts. The use of these materials by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms or specific permission provided elsewhere on the Website. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademark. “DeRus Fine Arts” is a registered trademark owned by DeRus Fine Arts. Nothing contained on the Website should be construed as granting or conveying, by implication or otherwise, any license or right to use any trademark displayed on the Website without the written permission of DeRus Fine Arts or such third party that may own a trademark displayed on the Website. Your misuse of DeRus Fine Arts brand (s) displayed on the Website, or any other Content on the Website, except as provided herein, is strictly prohibited.

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on using all Content, copyrighted materials, and trademarks you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which monetary damages would be inadequate. You further acknowledge that DeRus Fine Arts or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent such unauthorized use.

Questions regarding the use of any intellectual property provided on the Website should be directed to derusfinearts.com/contact-us/

ALL INFORMATION OR SERVICES PROVIDED BY DERUS FINE ARTS TO YOU VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. DERUS FINE ARTS AND DERUS FINE ARTS’S THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, DERUS FINE ARTS AND DERUS FINE ARTS’S THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT DERUS FINE ARTS AND DERUS FINE ARTS’S THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE, OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE PRECEDING RESTS ENTIRELY WITH YOU. NEITHER DERUS FINE ARTS NOR ANY OF DERUS FINE ARTS’S THIRD-PARTY LICENSORS REPRESENT, WARRANT, OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. DERUS FINE ARTS FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS, OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT DERUS FINE ARTS AND DERUS FINE ARTS’S THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST DERUS FINE ARTS FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

9. Limitation of Liability. 

UNDER NO CIRCUMSTANCES SHALL DERUS FINE ARTS OR ANY OF DERUS FINE ARTS’S THIRD-PARTY LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL,, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF DERUS FINE ARTS OR DERUS FINE ARTS’S THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS CONCERNING CLAIMS AT THIS TIME UNKNOWN OR UNSUSPECTED. BY SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AT THIS MOMENT EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You agree to defend, indemnify and hold harmless DeRus Fine Arts and DeRus Fine Arts’ licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

11. Termination and Restriction of Access.

In his sole discretion, DeRus Fine Arts may terminate or suspend your access to the Website for breach of these Terms. DeRus Fine Arts shall not be liable for any losses or damages arising from such termination of service.

12. Limitation on Time to File Claims.

Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

13. Governing Law & Jurisdiction.

The laws of the State of California, U.S.A., govern these Terms. You now irrevocably consent to the exclusive jurisdiction and venue of the courts in Orange County, CA, U.S.A., in all disputes arising from or relating to using the Website.

14. Changes to these Terms of Use.

DeRus Fine Arts may occasionally update or change these Terms to reflect changes in any offered services, changes in the law, or other reasons deemed necessary by DeRus Fine Arts. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DeRus Fine Arts due to these Terms or use of the Website. You may not assign these Terms without the prior written consent of DeRus Fine Arts in all instances. DeRus Fine Arts may assign these Terms, in whole or in part, at any time. DeRus Fine Arts’ performance of this agreement is subject to existing laws and legal processes. Nothing contained in these Terms is in derogation of DeRus Fine Arts’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by DeRus Fine Arts concerning such use.

Suppose any part of these Terms is determined invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above. In that case, that case, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original. The. The remainder of these Terms shall continue in effect.

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and DeRus Fine Arts concerning the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and DeRus Fine Arts. A printed version of these Terms and any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. DeRus Fine Arts Contact Information.

Questions can be directed to DeRus Fine Arts Here.