Terms and Conditions

Last updated: April 30, 2024

Thank you for vising Redpath and Company, LLC’s (“Redpath,” “us,” “our,” or “ours”) website, hojhvb.ensida.net/ (together with all services provided by us through or in connection with such website, the “Website”). Please read these Terms and Conditions (the “Terms”) carefully before using the Website.

As a user (“you,” “your,” or “yours”), your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website.

By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Website. We may modify these Terms at any time without notice to you, and such modification shall be effective immediately upon posting such modified Terms to the Website. Your continued use of the Website means you accept such modified Terms. Your use of our Website is subject to these Terms, in addition to our Privacy Policy and any other policies linked on the Website.

Nothing on the Website shall constitute an offer to provide the Website or any related services, a contract for the Website or the services associated therewith, or a warranty as to the performance of our Website. We make the information on our Website available for general information only. If you wish to hire us to provide certain services, please contact us directly and an agreement for such services may be proposed.

No Advice

Neither Redpath nor any of its directors, shareholders, officers, employees, agents or representatives, licensees or suppliers provide any advice as to the appropriateness or advisability of our Website, and the content of our Website is not professional advice. If you are concerned with the use of or dissatisfied with the Website, please immediately discontinue your use of the Website.

Availability

Redpath reserves the right to ensure that the Website is available for use by all users and this may include either limiting excessive data use from a single user and/or automatically terminating a specific third party application when such application is determined to be inactive for a period of time

Use

You agree to access and use the Website only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all applicable laws, statutes, rules, and regulations. By accessing the Website, you agree you will not:

Restrict or inhibit any other user from using and enjoying the Website;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind;
Input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any information or system accessible via the Website;
Post or transmit any information, software, or other material which violates or infringes upon the rights of others, including material which is protected by copyright, trademark, or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
Alter, damage, or delete any content, other than content created by that user, or otherwise interfere with the ability of other users to access the Website; or
Otherwise disrupt the normal operations of the Website.

Third Party Providers

You acknowledge that Redpath contracts with third party development, application and data hosting, wireless network services, payment processing, and other technology service providers to provide the Website functionality ("Third Party Providers"). For example, all user data is stored at computer data centers operated and maintained by our Third Party Provider. Redpath is responsible for ensuring that our Third Party Providers abide by the these Terms. Redpath is solely responsible for monitoring and supervising all necessary work of the Third Party Providers.

Intellectual Property

The Website and its original content, features, and functionality are and will remain the exclusive property of Redpath and its licensors. Such content, features, and functionality includes all information, including the “look and feel’ of the Website, the date files, graphics, text, photographs, drawings, logos, images, sounds, music, video, or audio files that are part of the Website. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Website or information provided on the Website.

Third Party Links, Website, and Applications

Our Website may contain links to third party websites, applications, and/or other services that we do not own or control, including links to websites, applications, and/or other services of advertisers.

We have not reviewed, have no control over, and assumes no responsibility for the content, privacy policies, accessibility, availability, or practices of any third party websites or services linked on the Website. We do not warrant the offerings of any of these entities/individuals or their websites, do not endorse any such third party websites or their practices. You acknowledge and agree that we are not liable, directly or indirectly, for the privacy practices or the content of such third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products or services available on such third party websites or resources. You are solely responsible for reviewing and comply with any privacy policies or terms of such third party websites, applications, or other services.

Limitation Of Liability

To the maximum extent permitted by applicable law, in no event shall Redpath, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from or arising out of (i) your access to, use of, or inability to access or use the Website; (ii) our failure to make the Website available, (iii) the conduct of any third party on the Website; (iv) any content provided on the Website; and (v) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Any claims arising in connection with your use of the Website must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. Notwithstanding any damages that you may incur, our entire liability to you under these Terms and your exclusive remedy for the foregoing shall be limited to your discontinued use of the Website. You acknowledge and agree that the limitations of liability set forth above are fundamental elements of these Terms and neither the information nor the Website would be provided to you absent such limitation of liability.

Disclaimer

Your use of the Website and any content on the Website is at your sole risk. The Website and all content on the Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website and all content on the Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Redpath, its subsidiaries, affiliates, suppliers, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REDPATH DISCLAIMS AND SHALL HAVE NO OTHER LIABILITY OR WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE WEBSITE, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS. REDPATH DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE, OR ANY INFORMATION PROVIDED ARE ACCURATE, ERROR-FREE OR RELIABLE OR THAT YOUR USE OF THE WEBSITE, OR THE INFORMATION WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. REDPATH IS NOT RESPONSIBLE FOR COSTS OR ANY DAMAGES THAT RESULT FROM RELIANCE ON OR USE OF THE INFORMATION OR THE WEBSITE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions.

Waiver, Severability, Entire Agreement

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Website, and supersede and replace any prior agreements we might have had between us regarding the Website.

Changes

We reserve the right at our sole discretion to modify or replace these Terms at any time and without notice. Modifications to these Terms will be posted to our Website and be effective as of the date of such posting.

By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Website.

Contact Us

If you have any questions about these Terms, please contact us at:

email: contact@ensida.net

Phone: 651-726-4000

Address: 400 Robert Street North, Suite 1600 Saint Paul, MN 55101, United States

Redpath and Company, Ltd.