Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.markgober.com and www.anendtoupsidedownthinking.com (“the Site”) operated by New Thinking LLC doing business as New Thinking LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.markgober.com and www.anendtoupsidedownthinking.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by New Thinking LLC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by New Thinking LLC.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the United States (USA) and Texas without giving effect to any principles of conflicts of law.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us at team [at] markgober.com
Or you may write to us at:
Attention: New Thinking LLC
2621 Laguna St #3
San Francisco, CA 94123
For any disputes or discrepancies you may have, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.
All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served.
The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
Disclaimer: The images, products, services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied and shall remain under New Thinking LLC possession unless agreed upon by New Thinking LLC and user/client.
NEW THINKING LLC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANT ABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
New Thinking LLC takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our images, products or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
New Thinking LLC and www.markgober.com is registered trademark of New Thinking LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
No waiver of any term of these Terms shall be deemed a further continuing waiver of such term or any term, and New Thinking LLC's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision
Notices and procedure for making claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.
This Agreement was last modified on August 24, 2018.
Collection of your Personal Information
New Thinking LLC may collect personally identifiable information such as your name. If you purchase New Thinking LLC products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. New Thinking LLC may also collect anonymous demographic information, which is not unique to you, such as your age, gender, household income, political affiliation, race and religion. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by New Thinking LLC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the New Thinking LLC website.
Data in our Logs. When you use New Thinking LLC or go to a webpage or use an app that has New Thinking LLC features (like our “Share It” button), our system automatically records that information (“data in our logs”) including information that your internet browser sends whenever you search a website or your mobile application sends when you’re using it going to and from different applications. The data in our logs may also include your IP address, the address of the most recent web pages you’ve visited that had New Thinking LLC features, browser type and settings, the date and time of your request, how you used New Thinking LLC, and cookie data.
New Thinking LLC encourages you to review the privacy statements of the websites you choose to link to from New Thinking LLC is not responsible for the privacy statements of other content on websites outside of the New Thinking LLC website.
Use of your Personal Information
New Thinking LLC collects and uses your personal information to operate its website(s) and deliver the services you have requested.
New Thinking LLC may also use your personally identifiable information to inform you of other products or services from New Thinking LLC and its affiliates, may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
New Thinking LLC does not sell, rent, lease its customer lists to third parties.
New Thinking LLC may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services, and they are required to maintain confidentiality of your information.
New Thinking LLC may keep track of the websites and pages our users visit withinNew Thinking LLC, in order to determine what New Thinking LLC services are the most popular. This data is used to deliver customized content and advertising within New Thinking LLC to customers whose behavior indicates that they are interested in particular subject area.
New Thinking LLC will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conformed to the edicts of the law or comply with legal process served on New Thinking LLC or the site; (b) protect and defend the rights or property of New Thinking LLCl; and (c) act under exigent circumstances to protect the personal safety of users of New Thinking LLC, or the public.
New Thinking LLC website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or to deliver viruses to your computer. Cookies are uniquely assigned to you, and only be read by a web server in the domain that used the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you register with New Thinking LLC site or services, or cookie helps New Thinking LLC to recall your specific information on subsequent visits, this simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same New Thinking LLC website, the information you previously provided can be retrieved, so you can easily use the New Thinking LLC features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the services or websites you visit.
Children Under Thirteen
New Thinking LLC does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from New Thinking LLC by contacting us here:
Changes to this Statement
New Thinking LLC will occasionally update this Statement of Privacy to reflect company and customer feedback. New Thinking LLC encourages you to periodically review this Statement to be informed of how New Thinking LLC is protecting your information.
New Thinking LLC welcomes your questions or comments regarding this Statement of Privacy. If you believe that New Thinking LLC has not adhered to this Statement, please contact us by email or write to us at the following address