Weather Insight - Weather for Financial Markets - Energy Trading, Weather Forecasts, Model Analysis, Power Radar, Energy Trader Live

To begin your FREE 1 week trial, please fill out the required fields below. Our system will require approximately 24 hours to process your request before you would expect to receive your first EFT Alert. Your FREE trial will automatically expire 1 week after you receive your first IM Alert. Should you like to move forward with the EFT service a separate document will be sent to you for signature at which point the IM Alerts can be re-activated or further customized to reflect your specific thresholds.

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OUT OF RESPECT TO OUR CURRENT CUSTOMERS, WE WILL NOT ALLOW A TRIAL TO RUN WHEN A TROPICAL SYSTEM IS IN THE GULF OR EXPECTED TO ENTER THE GULF/CARIBBEAN REGION WITHIN FIVE DAYS.

To receive FREE access to this Service you must agree to the following terms and conditions set forth in the Terms of Use agreement. By clicking the "Confirm" button, you acknowledge that you have read and understand this agreement and agree to abide by the terms and conditions in the following Terms of Use agreement.

TERMS OF USE AGREEMENT
WEATHER INSIGHT / FIRST INSIGHT SERVICE
WEATHER INSIGHT LP. ("LICENSOR") IS WILLING TO LICENSE THIS SERVICE TO YOU
ONLY UPON THE CONDITION THAT YOU ACCEPT THE TERMS CONTAINED IN THIS TERMS OF
USE AGREEMENT.
Your use of the Service indicates your acceptance of these terms and
conditions.

SECTION 1.	Definitions

a.	"Agreement" or "License Agreement" means this Terms of Use Agreement.
b.	"Service" means the software, in object code only, data, data formats
and presentations of the data provided by LICENSOR to you hereunder, together
with all LICENSOR-authorized updates, replacements or modifications provided
to you.  This Service may contain software and or data licensed to LICENSOR by
third parties.
c.	"Documentation" means the user guides, reference manuals, installation
materials and other written materials relating to the Service that LICENSOR
makes available in electronic form.
d.	"Web Site" means the Internet site located at www.WeatherInsight.com.

SECTION 2.	Copyright, Storage and Ownership of Service

e.	All information, data, images, and other things comprising the Service
are to be considered copyrighted by Weather Insight and they remain the sole
and exclusive property of Weather Insight.  Subscriber is authorized to use
such for the purposes stated herein and to store such information for future
internal use shall only be in accordance with the terms of this Agreement.

SECTION 3.	Obligations Upon Termination of Service

a.	Upon the termination of access to this Service,  Agreement, Addendum
or Schedule to this Agreement, for any reason, all access to the terminated or
cancelled Services granted hereunder shall immediately terminate, and
Subscriber shall promptly delete the Data (and any data derived from the
Data), software and any documentation or materials related to the Service,
whether modified or included with other data, software or media, and shall
certify in writing to Weather Insight that Subscriber has deleted and not
retained the Data (nor any data derived from the Data), software and any
documentation or materials related to the Service.

SECTION 4.	Events Beyond Control

a.	Weather Insight shall not be held responsible for any failure or
malfunction in power or communications nor the failure or refusal of third
party transmission intermediaries to perform, continue or renew their
contractual arrangements with Weather Insight, nor inability to perform
occasioned by such or by labor strife, war, riot, acts of God and Nature, or
other events beyond the control of Weather Insight.  If the Service or
delivery is disrupted by any such event(s), Weather Insight's obligations
shall be suspended during the period of occurrence for such disrupting
event(s). Subscriber is advised and informed that the Government issues
official notices, watches, warnings, and advisories, bulletins and other
communication.  Subscriber should keep advised of same.

SECTION 5.	Warranties

a.	Weather Insight makes no express or implied warranties or affirmations
that weather will occur or has occurred as the reports, forecasts, graphics,
data or information comprising the Service state, represent or depict and it
shall have no responsibility or liability whatsoever to Subscriber or any
other person or entity, parties and nonparties alike, for any inconsistency,
inaccuracy or omission for weather or events predicted or depicted, reported,
occurring or occurred. Weather Insight makes no warranties hereunder, and this
disclaimer of warranties includes, but is not limited to, the warranties of
merchantability and fitness for a particular purpose.
b.	Each Party warrants and represents to the other that it has the
necessary corporate and legal authority to enter into this Agreement on behalf
of their respective companies.

SECTION 6.	Choice of Laws and Written Notice

a.	THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE INTERNAL LAWS OF THE STATE OF TEXAS, NOTWITHSTANDING ANY CONFLICT-OF-LAWS
DOCTRINES OF SUCH STATE OR OTHER JURISDICTION TO THE CONTRARY.  THIS SECTION
10(a) SHALL SURVIVE TERMINATION OF THIS AGREEMENT.  VENUE FOR ALL DISPUTES
ARISING UNDER THIS AGREEMENT SHALL BE EXCLUSIVE TO THE COURTS IN HOUSTON,
TEXAS.

SECTION 7.	Indemnification and Limitation of Liability

a.	Subscriber shall and does hereby indemnify, defend and save harmless
Weather Insight, from and against all claims, demands, actions, causes of
action, damages, charges and expenses, including reasonable attorney fees,
that Weather Insight may sustain by reason of Subscriber's breach of any of
the terms, covenants or conditions of the Agreement, or other claims against
Weather Insight arising from this Agreement.
b.	Weather Insight shall and does hereby indemnify, defend and save
harmless Subscriber from and against any and all claims, demands, actions or
causes of action, damages, charges and expenses, including reasonable attorney
fees, that are asserted against Subscriber by any person or entity arising out
of any allegation that any element of the Services infringe upon or
misappropriate a copyright, trade secret, patent or other proprietary right of
any third party, that Subscriber may sustain as a result of use of the
Services.
c.	REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT
SHALL WEATHER INSIGHT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM INACCURATE
OR LOST DATA, LOSS OF USE, OR LOSS OF REVENUES OR PROFITS, THE FURNISHING OF
SOFTWARE AND MAINTENANCE, OR THE USE OR PERFORMANCE OF SOFTWARE, EVEN IF
WEATHER INSIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF AND
TO THE EXTENT ANY PAYMENT REQUIRED TO BE MADE PURSUANT TO THIS AGREEMENT OR
DAMAGE LIMITATION SET FORTH HEREIN IS DEEMED TO CONSTITUTE LIQUIDATED DAMAGES,
THE PARTIES ACKNOWLEDGE AND AGREE THAT SUCH DAMAGES ARE DIFFICULT OR
IMPOSSIBLE TO DETERMINE AND THAT SUCH PAYMENT IS INTENDED TO BE A REASONABLE
APPROXIMATION OF THE AMOUNT OF SUCH DAMAGES AND NOT A PENALTY.
d.	Determination of the suitability of the Service furnished hereunder
for the use contemplated by Subscriber is the sole responsibility of
Subscriber, and Weather Insight shall have no responsibility in connection
therewith.
e.	Express Negligence.  THE INDEMNIFICATION, RELEASE AND ASSUMPTION
PROVISIONS PROVIDED FOR IN THIS AGREEMENT SHALL BE APPLICABLE WHETHER OR NOT
THE LOSSES, COSTS, EXPENSES AND DAMAGES IN QUESTION AROSE SOLELY OR IN PART
FROM THE ACTIVE, PASSIVE OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER
FAULT OF ANY INDEMNIFIED PARTY.  SUBSCRIBER AND WEATHER INSIGHT ACKNOWLEDGE
THAT THIS STATEMENT COMPLIES WITH THE EXPRESS NEGLIGENCE RULE AND IS
CONSPICUOUS.

SECTION 8.        Other:

a.	The Parties may execute a mutually acceptable addendum to this
Agreement to include any subscription based Services, development, weather
data and/or weather graphics for negotiated terms specific to the referenced
item.  This mutually acceptable Addendum will become a binding part of this
Agreement.
b.	Independent Contractor.  This Agreement does not create, and shall not
be construed to create, any employer-employee, joint venture, agency,
partnership, fiduciary, master and servant or bailment relationship between
the Parties, nor shall it be construed to grant a franchise under either
Federal, state or any other law.  No officer, employee, agent, servant or
independent contractor of any Party or its respective affiliates shall at any
time be deemed to be an employee, servant, agent or contractor of any other
Party for any purpose whatsoever.  
c.	No Implied Rights or Remedies.  Except as otherwise expressly provided
herein, nothing herein expressed or implied is intended or shall be construed
to confer upon or to give any person, firm, or corporation, other than the
Parties and their respective successors and assigns, any rights or remedies
under or by reason of this Agreement.  Except as otherwise expressly provided
herein, there are no third party beneficiaries to this Agreement.
d.	Compliance with Laws.  Each Party agrees to comply with the provisions
of all applicable governmental laws, regulations or ordinances and shall be
responsible for obtaining any and all authorizations from any applicable
governmental authority that may be required hereunder including, but not
limited to, the export control laws of the United States of America.
e.	Assignments, Subcontracting and Parties in Interest.  This Agreement
shall inure to the benefit of and be binding upon the Parties hereto and their
respective successors and assigns.  Except for the limited circumstance set
forth in the following sentence, this Agreement shall not be assigned in whole
or in part by Subscriber without the prior written consent of Weather Insight.
Weather Insight may assign this Agreement without the consent of Subscriber.
f.	Statute of Limitations.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
APPLICABLE STATUTE OF LIMITATIONS FOR ANY ACTION BY SUBSCRIBER AGAINST WEATHER
INSIGHT FOR ANY BREACH OF THIS AGREEMENT SHALL BE REDUCED TO TWO (2) YEARS
AFTER ANY SUCH BREACH OR OTHER EVENT CONSTITUTING THE BASIS FOR SUCH CLAIM.
HOWEVER, IN NO EVENT SHALL THIS SECTION BE CONSTRUED TO EXTEND THE STATUTE OF
LIMITATIONS APPLICABLE TO SUCH CLAIM OR TO REDUCE ANY STATUTE OF LIMITATION
BELOW ANY MINIMUM PERIOD REQUIRED BY LAW.

Clicking on this button confirms agreement to the terms above

Should you decide to move forward with EFT subscription service, a separate document will be sent to you for signature. The Pricing will be as follows:

Range of users	Monthly Subscription Fee Per User For This Range of Users
1 to 5	$99
6 to 10	$89
11 to 15	$79
16 to 25	$69
26 to 35	$59
36 to 50	$49
Over 50	$39

For example, the Monthly Subscription Fee for 6 users, if signed at the same time, would be 6 X $89 = $534. If instead 5 were signed up and then at a later date one was added, the total Monthly Subscription Fee for the 6 would be 5 X $99 (= $495) plus 1 X $89 (=$89) = $584. If instead 4 were signed up and then at a later date 2 were added, the total Monthly Subscription Fee for the 6 would be 4 X $99 + 2 X $89.= $574.

The pricing provides an incentive to sign up as many users as you plan to Subscribe all together at the beginning.