Terms Of Use
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These Terms of Use (“Terms of Use”) describe the terms upon which you may access and use the Solution Square, Inc. (doing business as Red9) (“Red9”) website (“Site”).
By visiting the Site, you affirm that you have read and accept all of the following terms and conditions, which may be updated from time to time without notice to you. Your continued use of this Site after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this Site. If you are an individual acting on behalf of a corporation or other legal entity, you represent that you have authority to agree to these Terms of Use on behalf of the legal entity. If you do not agree to these Terms of Use, then you may not access or use the Site or any materials, documentation, information or software published or otherwise made available on the Site (“Content”).
- Software. Any software (“Software“) that is made available to you to download from this Site is the copyrighted work of Red9 and/or one or more third parties. Your use of Software is governed by the terms of the applicable license which accompanies, is included with, or referenced in the Software, such as in a “readme” file (“License“), and you agree to abide by applicable Licenses. These Terms of Use shall not be deemed to replace or otherwise amend any rights or obligations which may exist pursuant to Software licensed pursuant to an applicable version of the GNU General Public License or Lesser General Public License.
- Trademarks. The trademarks, logos and service marks (“Marks”) displayed on this Site or in Content are the property of Red9 or other third parties. You are not permitted to use these Marks without the prior written consent of Red9 or the applicable third party owner of the mark. Please see Red9’s Trademark Policy, as found here: Trademark Policy.
- Copyrights and other Intellectual Property. You acknowledge that Red9 or its licensors own the copyright and all other intellectual property rights to this Site and all Content provided on this Site, unless otherwise expressly indicated. All Content and other content on this Site is protected by U.S. and international copyright, trademark and other laws. All rights are reserved by Red9 (or its licensors, if applicable), and you agree not to copy, reproduce, download, disseminate, publish, or transfer Content in any form or by any means, except with Red9’s prior written permission or as permitted in a separate written agreement or, in the case of Software, as permitted in an applicable License Agreement. Any unauthorized use is strictly prohibited. Please see Red9’s Copyright Policy, as found here: Copyright Policy.
- Disclaimer. THIS SITE AND ALL CONTENT, SOFTWARE, PRODUCTS OR SERVICES OFFERED OR PROVIDED IN CONNECTION WITH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Red9 AND ITS AFFILIATES DISCLAIM ANY AND ALL GUARANTEES OR WARRANTIES WITH RESPECT TO THIS SITE AND ALL CONTENT, SOFTWARE AND ANY OTHER PRODUCTS OR SERVICES OFFERED OR PROVIDED IN CONNECTION WITH THE SITE, INCLUDING ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, NON-INFRINGEMENT, OR SYSTEM INTEGRATION.
- Limitation of Liability. TO THE FULLEST EXTEN6. Rights in Materials. By submitting, posting, displaying, publishing or making available to Red9 any content, messages, text, files, images, photos, video, sounds, profilT PERMITTED BY LAW, Red9 IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY CONTENT, EVEN IF Red9 HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS, CONTENT OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) SOFTWARE, CONTENT OR OTHER INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
- Submission of Ideas. Neither Red9 nor any of its employees and contractors accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Red9 products or marketing strategies might seem similar to ideas submitted to Red9. Please do not send your unsolicited ideas to Red9 or anyone at Red9. If despite our request that you not send us your ideas and materials, you still send them, please understand Red9 makes no assurances that your ideas and materials will be treated as confidential or proprietary.
- Export Control; Availability. By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. Red9 makes no claim that Content contained on this Site is appropriate or may be downloaded outside the United States. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- Acceptable Use. Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate any such laws or regulations. Any attempt by any person to deliberately damage this Site is a violation of criminal and civil laws. Red9 reserves the right to seek damages from any such person to the fullest extent permitted by law.
- a. You will not engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, misleading, inaccurate or incomplete, or misrepresenting your affiliation with any person or entity.
- b. You will not use the Site in any manner that may be considered objectionable, such as by using the Site to upload, post, display, or otherwise transmit any Materials or other Content that is false, unlawful, harmful, threatening, abusive, harassing, defamatory, derogatory, obscene, pornographic, libelous, invasive of another’s privacy or public rights, gives rise to civil or criminal liability or otherwise violates any applicable law.
- c. You will not violate or attempt to violate the security of the Site, use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or take any action that imposes an unreasonable or disproportionately large load on Red9’s infrastructure. Violations of this sort will be prosecuted to the fullest extent of state and federal laws.
- d. You will not use or launch any automated device, process or system, including “robots,” “spiders,” “offline readers,” or other mechanisms, that (i) accesses the Site in a manner that sends more request messages to Red9 servers in a given period of time than can reasonably be produced by an individual in the same period using a conventional on-line web browser, or (ii) seeks to retrieve, index, “data mine,” or otherwise access Content.
- e. You will not harvest, collect, or use information about Site visitors.
- f. You will not engage in any activity that restricts or inhibits any other user from using or enjoying the Site or any Content, whether by “hacking,” “cracking,” “spoofing,” or defacing any portions of the Site.
- g. You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and will not use the Site for unlawful purposes.
- h. You will not post, upload, email, link to, or otherwise transmit any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of the Site or impair others’ ability to enjoy the Site, or the proper functioning of any software, hardware, equipment or materials used in connection with the Site.
- i. You will not post or transmit through this Site any advertising or commercial solicitations; promotional materials relating to Site or online services which are competitive with Red9 and/or this Site; political campaign materials; chain letters; mass mailings, or spam mail.
- j. You will not infringe, misappropriate, or otherwise violate any existing local, national or international copyright, trademark, service mark, trade name, patent, right of publicity or privacy, or other intellectual property or proprietary rights of any person or entity whatsoever.
- k. To the extent that Red9 requires a password to access any product or service, or any portion of the Site, you agree (i) to provide Red9 with accurate, complete and up to date information; (ii) to update your information to keep it accurate, current and complete; and (iii) comply with these Terms of Use. Failure to provide accurate information constitutes a breach of the Terms of Use, which may result in immediate termination of your right to access this Site. Furthermore, you agree that you will not (i) give your password to anyone, (ii) use the Site as the agent of a third party, (iii) allow any third party to use your account, (iv) sell or transfer your use of or access to this Site or permit anyone else whose account was suspended or terminated to use this Site through your user name or password, or (v) select a user name that impersonates someone else, is intended to disguise the user’s identity, is or may be illegal, may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. Red9 reserves the right to reject any user name in Red9’s sole discretion. If any security breach or unauthorized use of your account occurs, you will notify Red9 immediately in writing or via email. Red9 will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.
- l. You will use the Site and its Contents solely for your personal, noncommercial use.
- m. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site, including any Content, for any public and/or commercial use without the prior written permission of Red9.
- Privacy. Please see Red9’s Privacy Policy, as found here: Privacy Policy.
- Monitoring. Red9 has the right, but not the obligation, to monitor the Content of this Site, to determine compliance with these Terms of Use and any other operating rules established by Red9. Red9 has the right in our sole discretion to edit, refuse to post or remove any Material or other Content submitted to or posted on this Site that we find, in our sole discretion, to be in violation of these Terms of Use or otherwise inappropriate, offensive, objectionable or contrary to any Red9 policy. You are solely responsible for any Materials you post, transmit or otherwise make available on this Site. You acknowledge and agree that Red9 does not have any liability for any action or inaction with respect to any conduct, communication or posting on this Site.
- Links to Other Sites. For your convenience, the Site may contain links to other sites and resources; we do not control any of those sites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of any information, product or service made available on those sites. Use of those sites or any information, product or service obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. The inclusion of any link to a third party website does not imply endorsement by Red9 of the website or the associated organization, information, products or services.
- Indemnification. You agree to indemnify and hold harmless Red9 and its affiliates and its subsidiaries, and their officers, directors, members, shareholders, predecessors, successors in interest, employees, agents and licensors, from any and all claims, losses, liability costs and expenses (including attorneys’ fees) due to or arising from: (i) any Content that you may submit, or (ii) your violation of these Terms of Use, state or federal laws or regulations, or any third party rights, including claims of copyright, trademark or patent infringement, defamation, harassment, invasion of privacy or fraud, claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such Content, claims due to disruption or malfunction of services provided (pertaining to the submitted Content), even if such Content is reviewed by Red9 prior to publishing on the Site.
- Term & Termination. These Terms of Use are effective upon your accessing the Site and shall continue in full force until terminated by Red9. In its sole and absolute discretion and without notice, and at any time and for any reason, Red9 reserves the right to: (a) suspend your access to any restricted portion of the Site; and/or (b) remove or disable your access to any restricted portion of the Site. If applicable, upon termination or suspension, your username and password will be immediately deactivated, and you will no longer have access to the relevant portions of the Site.
- Governing Law/Jurisdiction. Any dispute with respect to the Site or any product or service offered or provided in connection with this Site, including any Content, shall be governed by the laws of the State of Georgia, excluding its conflicts of laws rules and any implementation of the Uniform Computer Information Transactions Act, and without giving effect to the United Nations Convention on Contracts for the International Sale of Goods. All visitors to the Site submit to the exclusive jurisdiction of the state and/or federal courts of the State of Georgia. Either party may enforce a judgment rendered by such court in any court of competent jurisdiction, and Red9 may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property rights.
- Eligibility. Red9 products and services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Red9 products and services are not available to minors under the age of 18. By visiting this Site or making any purchases through this Site, you represent to us that you can form legally binding contracts under applicable law, and that any and all data you have provided, or will provide, to us via this Site, such as your name, address and billing information, is complete and accurate.
- Digital Millennium Copyright Act Notice. Please see Red9’s Digital Millennium Copyright Act Notice: Procedure for Making Claims of Copyright Infringement.
- Revisions. Red9 may revise these Terms of Use at any time without notice to you. The revised Terms of Use will be effective when posted. Your continued access to or use of the Site after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of the Site and all Content. In addition, in our sole discretion, we may provide notices of changes to these Terms or other matters by displaying notices or links to notices generally on our Site.
- Miscellaneous. Any use of the term “include” or “including” shall mean “include without limitation” and “including without limitation,” respectively. You will not assign or sublicense these Terms of Use or any of your rights or obligations hereunder, without the express written consent of Red9, which may be withheld in its sole and absolute discretion. Subject to the foregoing, these Terms of Use will inure to the benefit of, and will be binding upon, the parties, their respective successors and permitted assigns. If any provision of these Terms of Use is deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of these Terms of Use will not be affected. Such provision will be deemed modified to the minimum extent necessary to make the provision consistent with applicable law and, in its modified form, the provision will then be enforceable and enforced. The waiver or failure of any party to exercise rights under these Terms of Use will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and signed by the party to be charged therewith. These Terms of Use contain the entire agreement between you and Red9 regarding use of the Site.
Testimonials
"Red9 has incredible expertise both in SQL migration and performance tuning."
The deep level of knowledge of MSSQL is incredible and the combined experience and expertise has been a huge asset. Additionally, the flexibility and professionalism throughout a difficult migration was highly appreciated.
Richard StaatsCloud Engineer The deep level of knowledge of MSSQL is incredible and the combined experience and expertise has been a huge asset. Additionally, the flexibility and professionalism throughout a difficult migration was highly appreciated.
"The customer realized a 60% decrease in CPU utilization as a direct result of Red9's work."
With little notice Red9 was able to find and fix a number of different SQL misconfigurations and wasteful practices as our customer moved their SQL environment from a rack solution with Fiber SAN to the Azure cloud.
Jason MilgramAzure Practice Director, Champions Solutions Group, AllAware.com With little notice Red9 was able to find and fix a number of different SQL misconfigurations and wasteful practices as our customer moved their SQL environment from a rack solution with Fiber SAN to the Azure cloud.
"Rare… Penetrating Knowledge of SQL."
Red9’s cool confidence and eagerness to deliver results are surpassed only by their deep penetrating knowledge of SQL. Whether it's SQL design, development, optimization, or recovery, Red9 is a SQL Gem.
David LernerPresident, LernerSolutions.com Red9’s cool confidence and eagerness to deliver results are surpassed only by their deep penetrating knowledge of SQL. Whether it's SQL design, development, optimization, or recovery, Red9 is a SQL Gem.
"Red9 are the experts in large scale MS SQL Database environments."
They have mastered the understanding of complex, heavy load TSQL transactions. If you would like to sleep better at night and know your database will be running well in the morning, then I would recommend finding a DBA company with the kind of skill set Red9 has proven time and time again.
Tim JanssenApplication Manager, Service King Collision They have mastered the understanding of complex, heavy load TSQL transactions. If you would like to sleep better at night and know your database will be running well in the morning, then I would recommend finding a DBA company with the kind of skill set Red9 has proven time and time again.
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