Terms & Conditions | The Predictive Present

Overview

Agreement to terms

These Terms and Conditions (“Terms”) govern your access to and use of the website located at predictivepresent.com (the “Site”), operated by Dan Herbatschek (“we,” “us,” or “our”).

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

Section 1

Use of the site

The Site is provided for informational and promotional purposes related to the book The Predictive Present: Language, Time, and the Rise of Information by Dan Herbatschek.

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site.

You agree not to attempt to gain unauthorized access to any part of the Site, any systems or networks connected to the Site, or any server through hacking, password mining, or any other illegitimate means.

Section 2

Intellectual property

All content on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Dan Herbatschek or his content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site without the prior written consent of the copyright owner, except as permitted by applicable law.

The book title The Predictive Present, the convergence symbol, and associated branding elements are trademarks of Dan Herbatschek. Unauthorized use of these marks is prohibited.

Section 3

Pre-orders and purchases

Pre-orders and purchases of the book are facilitated through third-party retailers (such as Amazon, Barnes & Noble, Bookshop.org, and others). We are not responsible for the terms, conditions, pricing, availability, or fulfillment policies of these third-party retailers.

Any transaction you complete with a third-party retailer is subject to that retailer’s terms of service, return policy, and privacy policy. Please review the applicable retailer’s policies before completing your purchase.

We make reasonable efforts to ensure that product descriptions and pricing information on the Site are accurate, but we do not warrant that such information is complete, current, or error-free.

Section 4

User communications

When you send us emails, submit contact forms, or otherwise communicate with us through the Site, you grant us a non-exclusive, royalty-free right to use any ideas, suggestions, or feedback you provide for any purpose, without compensation or attribution to you.

You agree not to submit any content that is unlawful, defamatory, obscene, threatening, or otherwise objectionable, or that infringes on the intellectual property rights of any third party.

Section 5

Disclaimer of warranties

THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Section 6

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAN HERBATSCHEK, HIS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00).

Section 7

External links

The Site may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over the content of these sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Section 8

Governing law

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

Any disputes arising out of or relating to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in the State of New Jersey, and you consent to the personal jurisdiction of such courts.

Section 9

Modifications to terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the “Last updated” date at the top of this page. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those changes.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Contact

Contact us

If you have any questions about these Terms and Conditions, please contact us at hello@predictivepresent.com.