Terms of Use

Welcome to our web site. Weather Risk Solutions, LLC and its affiliates and related companies (collectively “Weather Risk Solutions”), operate this web site (the “Web Site”) to provide news, data and information, related features and services (the “Service”). The terms and conditions set forth herein (the “Terms of Use”) constitute a legally binding agreement between Weather Risk Solutions and you regarding the terms on which Weather Risk Solutions offers you access to its Service.

1. Your Use of the Service and this Web Site is Governed by These Terms of Use
   Please take a few minutes to review the Terms of Use. By accessing and using this Web Site, you agree to be bound by each of the Terms of Use and all applicable laws and regulations governing the Web Site. If you do not agree with any of the Terms of Use, you are not authorized to access or use this Web Site for any purpose.



2. These Terms of Use May Change
   Weather Risk Solutions reserves the right to modify these Terms of Use at any time. Your use of the Web Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use this Web Site.



3. Notices of Restrictions on Your Use
   The Service, the Web Site and all data and information and/or content that you see, hear or otherwise experience on the Web Site (the “Content”) belongs to Weather Risk Solutions, its partners, affiliates, contributors or third parties and is protected by U.S. and international copyright, trademark, intellectual property and other laws. Trademarks owned by Weather Risk Solutions include, but are not limited to, WEATHER RISK SOLUTIONS, HuRLO™, the HuRLO™ character, STORMS ARE ON 24/7. SO ARE WE, and THE MARKETPLACE TO PROTECT YOUR ASSETS FROM MOTHER NATURE.
   
   
   1. Restrictions on Use
      You may use the Web Site, the Service and the Content solely for your personal, non-commercial use. You may download, print and store selected portions of the Content, provided that you:
      
      
      1. use these copies of the Content only for your own personal, non-commercial use;
      2. do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a web site; and
      3. do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
      
      
      No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading. Weather Risk Solutions reserves complete the full and exclusive title and all intellectual property rights in any Content you copy or download from this Web Site. You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content obtained from the Web Site or the Service, except as expressly permitted by these Terms of Use. Moreover, you may not use any of the marks appearing throughout this Web Site without express written consent from the trademark owner, except as permitted by applicable law.



4. Disclaimer of Warranties
   YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB SITE AND THE SERVICE. WEATHER RISK SOLUTIONS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE OR THE SERVICE. WEATHER RISK SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEB SITE, THE SERVICE, OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION OR CONTENT). WEATHER RISK SOLUTIONS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB SITE, THE SERVICE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION OR CONTENT). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEB SITE OR THE SERVICE. WEATHER RISK SOLUTIONS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE OR THE SERVICE WILL BE CORRECTED. WEATHER RISK SOLUTIONS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE WEB SITE OR THE SERVICE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEB SITE, THE SERVICE AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
   
   
   1. Specific Disclaimer For Downloading of Files
      Weather Risk Solutions cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection by viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. The entire risk as to the quality and performance of the Web Site or the Service, the accuracy of any information or content provided through the Web Site or the Service, or quality of any file used in conjunction with the Web Site or the Service is solely and exclusively with you the user.
   2. Specific Disclaimer for International Use
      Weather Risk Solutions makes no representation that the Content provided on the Web Site is applicable or appropriate for use in locations outside the United States. Portions or versions of the Web Site that have been translated into any language other than English are provided for the convenience of the user only. Weather Risk Solutions makes no representation or warranty that the translations are complete and accurate and Weather Risk Solutions, by providing some content in a language other than English, undertakes no obligation to provide translations of all or any portion of the Web Site in any language except as determined by Weather Risk Solutions. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.



5. Storm Data Feed
   Weather Risk Solutions uses the Forecast Advisory (FA) product of the National Hurricane Center (NHC) as a primary data source. We make diligent efforts to receive the data in real time and update our Web Site in a timely manner. The standard NHC advisories are published regularly and additional advisories may be issued at the discretion of the NHC. We have no control over the NHC’s publishing schedule. Additionally, multiple updates are sometimes staggered, resulting in delays updating the Web Site. NHC and FA are vulnerable to human error. We review the NHC data before publishing such data but have no power or authority to alter the FA, including the names, times, forecasts, and all other data contained within the FA. In the case of NHC FA data errors or delay, we may decide not to publish, or to delay the publishing of NHC FA data on the Web Site.



6. Limitation of Liability
   IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.
   YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WEATHER RISK SOLUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF
   
   
   • THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN,
   • ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE,
   • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
   • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR THE SERVICE, OR
   • ANY OTHER MATTER RELATING TO THE WEB SITE OR THE SERVICE, EVEN IF WEATHER RISK SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   
   BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WEATHER RISK SOLUTIONS’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.



7. Indemnification
   You understand and agree that you are personally responsible for your behavior on the Web Site and for your use of the Service and the Content. You agree to indemnify, defend and hold harmless Weather Risk Solutions, its business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of the Web Site or the Service or your use of the Content, any violation by you of this Agreement, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Web Site or Service through your user account.



8. Personal Information and Privacy Policy
   Weather Risk Solutions may monitor, record, collect and use for any lawful purpose information generated through your use of the Web Site or the Service. The collected information is subject to our Privacy Policy. Your obligations under these Terms of Use are in no way conditioned on Weather Risk Solutions’ complying with the terms of our Privacy Policy.



9. User Conduct
   You agree not to take any action that interferes with the proper working of the Web Site; imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure; might compromise the security of the Web Site; might render the Web Site or the Service inaccessible to others; or otherwise causes damage to the Web Site or any Content contained on the Web Site. You agree not to add to, subtract from, or otherwise modify the Content on the Web Site except as expressly authorized by Weather Risk Solutions in these Terms of Use or by a written agreement between you and Weather Risk Solutions.
   On some parts of the Web Site, we made provide you with the option to post messages or express your comments on a given topic, or start a new topic to which others can respond. You agree not to upload, distribute, post or otherwise publish through the Web Site or the Service:
   
   
   1. any information, data, text, software, photographs, graphics, messages, or other material (“Material”) that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of privacy or publicity of any party;
   2. any advertising Material or any libelous, defamatory, obscene, threatening, pornographic, abusive, or otherwise illegal Material;
   3. any Material that you do not have the right to transmit under law or under contractual or fiduciary relationships;
   4. any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
   5. any Material that harms minors in any way.
   
   
   If you post anything on the Web Site, you guarantee to us that you have the legal right to post such Material and that it will not violate any law or the rights of any person or entity. By posting Material on the Web Site, you give Weather Risk Solutions the royalty-free, irrevocable, perpetual, worldwide right to use, assign, sublicense, distribute, display and create derivative works from this Material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. You also acknowledge and agree that you are solely responsible for the content of any of your messages. Nevertheless, we reserve the right to delete, move, or edit messages in our sole discretion. You agree that any Material that you submit to the Service or the Web Site may be edited, removed, modified, published, transmitted, and/or displayed by Weather Risk Solutions, and you waive any and all rights you may have with respect to the alteration, modification, or removal of such Material.
   By using the Web Site, you understand and agree that Weather Risk Solutions is not responsible for the truth, completeness, objectivity or usefulness of any third-party posting, nor does Weather Risk Solutions endorse any posting. By viewing third-party postings, you assume the risk of believing or disbelieving any content contained therein. Although Weather Risk Solutions has the right to do so, Weather Risk Solutions generally does not, and assumes no obligation or duty to, screen, monitor, edit or review any third-party postings. Weather Risk Solutions generally has the right to monitor or remove any third-party postings at any time and without notice pursuant to these Terms of Use, our Privacy Policy, or our agreements with third parties. From time to time, we may receive requests to disclose the identities of users who post messages to the Web Site. You understand and agree that Weather Risk Solutions may disclose the identity of a user pursuant to these Terms of Use or our Privacy Policy, You also acknowledge that portions of the Web Site contain unedited materials, some of which may be offensive to you. You access such materials at your own risk. Weather Risk Solutions has no control over and accepts no responsibility whatsoever for such materials.

General Provisions For Non-Participants

1. Entire Agreement
   For users who are not Participants, these Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Weather Risk Solutions of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.



2. Correction of Errors and Inaccuracies
   The information in the Web Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.



3. No Endorsements of Links
   Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Weather Risk Solutions of the third party, the third-party web site, or the information contained therein. You acknowledge and agree that Weather Risk Solutions is not responsible for the availability of any such web sites and that Weather Risk Solutions does not endorse or warrant, and is not responsible or liable for any such web site, or the content on such web site, or the services offered by such web site. Under no circumstances will Weather Risk Solutions be responsible for any loss or damage resulting from your use of any such web site or the services offered by such web site or any content posted on such web site or transmitted from such web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other web site.



4. Enforcement
   Weather Risk Solutions will investigate and take appropriate legal action against anyone who violates any of the provisions of this agreement, including without limitation, barring violators from use of the Web Site and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action, Weather Risk Solutions may obtain full recovery of all damages it suffers and may also obtain punitive and consequential damages. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Notwithstanding anything to the contrary stated herein either expressly or impliedly, these Terms of Use are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York, U.S.A., regarding any and all disputes relating to these Terms of Use, Weather Risk Solutions’ Privacy Policy, your use of the Web Site, any other Weather Risk Solutions web site, the Service, or Content or Material contained therein.



5. Claims of Copyright Infringement
   In the event that you claim to be the copyright owner of any Content, you agree to immediately notify Weather Risk Solutions of any claimed copyright infringement. You further agree to provide Weather Risk Solutions' copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512:
   
   
   1. your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
      identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
   2. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
   3. information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;
   4. a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
   5. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. Weather Risk Solutions’ Copyright Agent for notice of claims of copyright infringement on or relating to this Web Site can be reached either by:
      
      
      1. sending an e-mail request to info@weatherrisksolutions.com
      2. sending a letter via the U.S. Mails to:
         Weather Risk Solutions, LLC
         P.O. Box 391
         Palm Beach, Florida 33480



6. Severability
   If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be enforceable to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force.



7. General Contact Information
   If you have any questions about these Terms of Use, the practices of this Web Site, or your dealings with this Web Site, you may contact us by:
   
   
   1. sending an e-mail request to info@weatherrisksolutions.com
   2. sending a letter via the U.S. Mails to:
      Weather Risk Solutions, LLC
      P.O. Box 391
      Palm Beach, Florida 33480

July 2009

Privacy Policy

Weather Risk Solutions, LLC (“WRS”) has created this Privacy Policy in order to demonstrate our commitment to privacy. The following discloses our information gathering and dissemination practices for the following web sites (the “sites”):

Information Collected from Users and How We Use It

Our Web Site’s registration forms and other forms require users to give us contact information (like their name and e-mail address) and financial information (like their clearing member firm or account number). We use user contact information from the registration and other forms to send the user information about our company. The user’s contact information may also used to contact the visitor during business for user support questions. We also may use registration and other information to provide users with opportunities to purchase other products or services that we believe may be of interest to them. Users may opt-out of receiving e-mail marketing communications; see the choice/opt-out section below. Users should consult their own tax, financial or other advisors with respect to their eligibility to participate as a trader. Once a user represents his or her eligibility to participate and enters into a Participant Agreement, we share certain financial information with the user’s clearing member firm and other third parties as necessary to process transactions. Unique identifiers are collected to verify the user’s identity and for use as account numbers in our record system. Our Web Site is a general audience site. We do not knowingly solicit or collect personally identifiable information online from children under the age of 13 without prior verifiable parental consent. If we learn that a child under the age of 13 has submitted personally identifiable information through our Web Site, we will take reasonable measures to delete such information from our databases and to not disclose such information to any third parties (except where necessary to protect the safety of the child or others as required by law).

Information Shared with Third Parties

We may use your contact data to send you information about new offerings and special values from WRS, and we may also send third party offers from our partners to our users who have indicated that they would like to receive these types of communications. Our Web Site provides users the opportunity to opt-out of receiving e-mail marketing communications from us and our partners at the point where we request information about the visitor. See the choice/opt-out section below.

In addition to sharing information with third parties in order to effectuate transactions, we may employ outside agents, meaning other companies or individuals, to perform functions on our behalf, such as sending postal mail and e-mail, analyzing data, providing marketing assistance, providing clearing, settlement, and market regulation services, and providing user service. These agents have access to personal information needed to perform their functions, but may not use it for other purposes.

We may share user information with third parties in the event that it is necessary to respond to any subpoena, court orders, or legal process. Moreover, we may share personally identifiable information to comply with legal requirements, to protect our rights and property or those of our users, to protect the safety of our Web Site or users, or to enforce our Terms of Use. We may also share or transfer user information in the event of a bankruptcy, or a merger, acquisition, sale, joint venture, or reorganization involving our business.

Other than as disclosed in this Privacy Policy, we keep all of your personal information private and will not share it with any third party, unless you have authorized us to or we are legally required to do so.

Demographic Information

Demographic and profile data may be collected at our Web Site. We may provide such information in the aggregate to third parties without disclosure of personally identifying information.

Safeguarding Your Information

Our Web Site employs security measures to protect the loss, misuse and alteration of the information under our control. Security enhancements were implemented to protect our most valuable asset, our users. We have taken precautions and have invested in technology that will help keep your transaction safe. When you use our Web Site for financial transactions, we use encryption technology to protect certain information.

We strive to protect your personal information, however, Weather Risk Solutions cannot ensure or warrant the security of any information you transmit to us.

Choice / Opt-Out

Our Web Site provides users the opportunity to opt-out of receiving e-mail marketing communications from us and our partners at the point where we request information about the visitor.

Correct and Update Your Information

We provide several different methods for you to change or modify the information you give us. See the correct and update section. We may retain a copy of the prior version for our records.

Links To Other Sites

Our sites contain links to other sites. Weather Risk Solutions is not responsible for the privacy practices or the content of such web sites.

IP Address

We use your IP address to help diagnose problems with our server, and to administer our Web Site. Your IP address is used to help identify you and to gather demographic information.

Use of Cookies

Our Web Site uses cookies, both “permanent” and “session.” A “cookie” is a small data file stored by your web browser on your computer’s hard drive. Cookies allow us to recognize who you are when you arrive at our Web Site by associating the identification numbers in the cookie with other information you as a user have provided us. That user information is stored on our secured database. Cookies allow us to understand how you clicked to our Web Site and what pages you click on during your visit to our Web Site. We do not use the cookie to track your activity on sites other than those operated by Weather Risk Solutions.

Notification of Changes

If we make any material changes in our privacy practices, we will post a prominent notice on our Web Site notifying users of the change. In some cases, we may also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Your Acceptance of These Terms

By visiting our Web Site, you consent to the terms of this Privacy Policy and to our collection and use of this information. We will always fully disclose our Privacy Policy on our Web Site, and we will promptly post any changes to our policy on this page.

You agree that we may retain and use your personal information as described in this policy until you inform us that you do not agree with this Privacy Policy and agree that you will not use our Web Site for a reasonable period of time thereafter. By using our sites after we post any changes to this Privacy Policy, you agree to accept those changes.

Contact Us

If you have any questions about this Privacy Policy, our use of personal information, or your dealings with our Web Site, see our contact section.

July 2009