Terms of Service

LAST UPDATED: 3/18/2023

INTRODUCTION

These terms and conditions (“Terms”) represent the agreement between you and Stationary Hill LLC dba Midst (“Stationary Hill LLC,” “we,” “us” or “our”), a Califronia state-based limited liability company that governs your use of midst.co (“Website”). By using the Website you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website.

Eligibility and AGE LIMITATION

You may use the Website only if you are able to form a binding contract with Stationary Hill LLC, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Website by anyone under 13 is strictly prohibited and in violation of these Terms. The Service is not available to any users previously removed from the Website by Stationary Hill LLC.

SUBSCRIPTIONS

By purchasing a subscription, you agree to an initial and recurring subscription fee—either monthly or annually, depending on your subscription type—at the then-current rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your subscription or deactivate auto-renew at any time by visiting your user profile while signed in. If you cancel your subscription, the cancellation will take effect for your next billing cycle. You will not be eligible for a refund for subscription fees paid prior to the year or month, depending on your subscription type, the cancellation takes effect.

AUTOMATIC RENEWAL TERMS: Once you subscribe, we will automatically process your subscription fee in the next billing cycle. We will continue to automatically process your subscription fee each year or month, depending on your subscription type, at the then-current rate, until you cancel your subscription or elect to disable automatic renewal.

If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand and we reserve the right to cancel your subscription. You authorize us to charge outstanding and other amounts due against any credit card you have on file with us. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. If your account is more than thirty (30) days past due, and is forwarded to a collections agency, you will additionally be liable for any recovery fees charged by the agency. You are solely responsible for any fees charged to your credit card by the issuer, bank, or financial institution, including, but not limited to, overdraft, insufficient funds, and over the credit limit fees.

PAYMENT AND ORDER CONFIRMATION

Generally, we will charge your payment method for your subscription at the time that you subscribe. We reserve the right to change the subscription prices published on the Website at any time. However, any revised prices will only apply to billing cycles after the revised prices have been posted.

An order confirmation does not signify our acceptance of your order. We may accept or decline your order for any reason and at any time after receipt of your order. If we reject or otherwise modify your order, we will notify you using the email address you provide to us. If we cancel an order that we have already charged you for, we will refund you the full amount of the canceled portion of the order.

COPYRIGHT AND TRADEMARK OWNERSHIP

Unless otherwise stated, Stationary Hill LLC owns the intellectual property rights in the Website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or our content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Stationary Hill LLC or any applicable third party suppliers. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

USER CONDUCT

You must not:

use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website;
use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website;
sell, rent or sub-license material from the Website;
reproduce, duplicate, copy, or otherwise exploit material on this Website for a commercial purpose, including, but not limited to, media monitoring services for redistribution to a third party unless explicitly arranged with Stationary Hill LLC;
republish material from the Website (including republication on another website or app) except for as provided in Permitted Sharing below;
show any material from the Website in public except for as provided in Permitted Sharing below;
edit or otherwise modify any material on the Website; or redistribute material from the Website without permission from Stationary Hill LLC except as provided in Permitted Sharing below;

The following sharing is permitted:

Emails from Midst may be forwarded without limit.
You may take a screenshot of partial content from the Website for the purpose of sharing privately or on social media provided such publication includes attribution to Midst.
You may reproduce a reasonable excerpt from the Website or Newsletter for a blog post or other publication provided such publication includes attribution and link to midst.com. Do not post full audio or video episodes originating on Midst.co.

RESTRICTED ACCESS

Access to certain areas of the Website is restricted. Stationary Hill LLC reserves the right to restrict access to other areas of this Website, or indeed this entire Website, at Stationary Hill LLC’s discretion.

If Stationary Hill LLC provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.

If Stationary Hill LLC provides you with an RSS/Podcast feed that includes restricted content, you may not share that feed or use it in any application other than an RSS/Podcast feed reader. Stationary Hill LLC may disable your RSS/Podcast access at any time at its sole discretion without notice or explanation.

Stationary Hill LLC may disable your user ID and password in Stationary Hill LLC’s sole discretion without notice or explanation.

USER CONTENT

In these Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose. You own any intellectual property rights to your content, but you agree that we can use, reproduce, modify, adapt and publish your content for purposes of enabling us to offer the Website or the features you have elected to use. You are responsible for your content. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Stationary Hill LLC or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Stationary Hill LLC reserves the right to edit or remove any material submitted to this Website, or stored on Stationary Hill LLC’s servers, or hosted or published upon this Website.

Notwithstanding Stationary Hill LLC’s rights under these terms and conditions in relation to user content, Stationary Hill LLC does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.

NO WARRANTIES

NOTHING ON THE WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, FINANCIAL ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY FINANCIAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. YOU ARE AWARE OF AND AGREE THAT STATIONARY HILL LLC SHALL NOT BE RESPONSIBLE FOR ANY LOSS THAT YOU SUFFER AS A RESULT OF ANY FINANCIAL TRANSACTION, REGARDLESS OF WHETHER OR NOT YOU ENTER SUCH TRANSACTION BASED IN ANY WAY UPON ANYTHING YOU LEARN FROM THE WEBSITE. STATIONARY HILL LLC IS NOT YOUR FINANCIAL ADVISOR AND WHEN IT COMES TO MAKING FINANCIAL DECISIONS, YOU ARE ON YOUR OWN.

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, STATIONARY HILL LLC DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.

STATIONARY HILL LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND STATIONARY HILL LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STATIONARY HILL LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM INFORMATION CONTAINED IN THE WEBSITE, OR USE OF, OR INABILITY TO USE, THE WEBSITE. UNDER NO CIRCUMSTANCES WILL STATIONARY HILL LLC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STATIONARY HILL LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY INFORMATION CONTAINED IN THE WEBSITE AND/OR EMAIL FROM US; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; (VII) VIOLATION OF ANY PERSON OR ENTITIES INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL STATIONARY HILL LLC BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO STATIONARY HILL LLC HEREUNDER IN THE PRECEDING TWELVE (12) MONTHS.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF STATIONARY HILL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Website is controlled and operated from its facilities in the United States. Stationary Hill LLC makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

OTHER PARTIES

You accept that, as a limited liability entity, Stationary Hill LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Stationary Hill LLC members, managers, officers, or employees in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect Stationary Hill LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Stationary Hill LLC.

INDEMNITY

You hereby indemnify Stationary Hill LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates (collectively, the “Indemnified Parties”) and undertake to keep the Indemnified Parties indemnified against any demands, losses, damages, costs, liabilities and expenses (including attorneys’ fees) made against the Indemnified Parties by any third party due to or arising out of or in connection with your use of the Website.

PAYMENT INFORMATION; TAXES

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Website must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. There are no refunds.

Assignment

Stationary Hill LLC may transfer, sub-contract or otherwise deal with Stationary Hill LLC’s rights and/or obligations under these Terms without notifying you or obtaining your consent.

SEVERABILITY

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third PARTY LINKS

The Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Stationary Hill LLC. Stationary Hill LLC does not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access a third party website from the Website, you do so at your own risk, and you understand that these Terms do not apply to your use of such websites. You expressly relieve Stationary Hill LLC from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Stationary Hill LLC shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE

Except where and to the extent prohibited by law, by using the Website, you and we agree that, if there is any controversy, claim, action or dispute arising out of or related to your use of the Website or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to: Stationary Hill LLC at 2025 North Lincoln Street, Burbank, CA; or to you at the address we have on file for you. Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.

Entire Agreement

These Terms constitute the entire agreement between you and Stationary Hill LLC in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.

Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of California, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of California.

PRIVACY

Your use of the Website is subject to our Privacy Policy, available at https://midst.co/privacy-policy/. Please review the Privacy Policy for more information about how we collect and use personal information.

MODIFICATION AND TERMINATION

We reserve the right to modify these Terms at any time. When we do so, we will update the “Last Updated” date above. If material changes are made to the Terms, we will notify you by placing a prominent notice on the Website. We encourage you to periodically review these Terms.

We shall have the right to immediately terminate these Terms with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.

CONTACT

If you have any questions, comments or concerns about these Terms, please contact us by mail at Stationary Hill LLC, 2025 North Lincoln Street, Burbank, CA or by email at [email protected].