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@hurlos.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@hurlos.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