Terms of Service
KYPEX MEDIA (kypexmedia.com)
Last Updated: July 8, 2026 | Effective Date: July 8, 2026
IMPORTANT, PLEASE READ CAREFULLY: THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT WITH A CLASS-ACTION WAIVER (SECTION 15), LIMITATIONS OF LIABILITY (SECTION 12), AND DISCLAIMERS OF WARRANTIES (SECTION 11). BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
1. Definitions
1.1. "Company," "we," "us," or "our" means Kypex Media, a registered trade name and publishing imprint of Kypex Advisors, LLC, a Georgia limited liability company.
1.2. "Site" means kypexmedia.com and all pages, content, features, and services offered through it, including the email newsletter.
1.3. "Content" means all material on the Site, including book text and excerpts, cover artwork, character names, titles, logos, images, graphics, page designs, code, and text.
1.4. "Company Parties" means Kypex Media; Kypex Advisors, LLC; the author writing as Ron W. Mason; and their respective members, managers, officers, employees, agents, contractors, licensors, affiliates, successors, and assigns.
1.5. "Submission" means any idea, suggestion, feedback, comment, manuscript, story concept, review, testimonial, or other material you send to us by any means, including email and social media.
2. Acceptance of These Terms
2.1. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference.
2.2. By subscribing to our newsletter, you additionally and affirmatively agree to these Terms and the Privacy Policy.
2.3. We may modify these Terms at any time. The updated Terms will be posted on this page with a revised "Last Updated" date, and material changes affecting newsletter subscribers will be communicated by email. Your continued use of the Site after changes are posted constitutes acceptance. If you do not agree to a change, your sole remedy is to stop using the Site and, if applicable, unsubscribe.
3. The Site and Its Availability
3.1. The Site is an informational author and publisher website. It provides information about our books, sample content, links to third-party retailers, and an optional free email newsletter. The Site is provided free of charge.
3.2. We may modify, suspend, restrict, or discontinue the Site or any part of it at any time, with or without notice, and we shall not be liable to you or any third party for doing so. Because the Site is free, we provide no service level agreement, uptime commitment, or support commitment of any kind.
3.3. Because the Site is provided free of charge, you acknowledge and agree that the disclaimers and limitations in these Terms are an essential basis of the bargain, and that the Company would not provide the Site without them.
4. Eligibility
The Site is a general-audience website. You must be at least 13 years of age (or at least 16 if you reside in the European Economic Area) to subscribe to the newsletter or submit any information to us. By subscribing, you represent that you meet this requirement.
5. Intellectual Property
5.1. All Content is the property of the Company Parties or their licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. All rights are reserved. The works published by Kypex Media, including A Balance of Shadows, are protected literary works.
5.2. We grant you a limited, non-exclusive, non-transferable, revocable license to access the Site and view the Content for your personal, non-commercial use only. No ownership rights are transferred to you.
5.3. Except as expressly permitted by these Terms or by the fair use provisions of applicable copyright law, you may not copy, reproduce, republish, upload, post, distribute, publicly display, transmit, translate, create derivative works from, sell, or otherwise exploit any Content, including book excerpts, without our prior written permission.
5.4. Permitted quotation: brief quotations of our books for the purpose of legitimate reviews, commentary, or criticism, with attribution to the title and author, are welcome and expressly permitted.
5.5. "Kypex Media," the Kypex Media logo, and the dragonfly device are trade identifiers of the Company. You may not use them without our prior written permission.
5.6. All rights not expressly granted in these Terms are reserved by the Company.
6. Acceptable Use
You agree to use the Site only for lawful purposes, and you shall not: (a) violate any applicable law or regulation; (b) attempt to gain unauthorized access to the Site, its servers, or any connected systems; (c) interfere with or disrupt the Site or impose an unreasonable load on its infrastructure; (d) introduce viruses, malware, or other harmful code; (e) scrape, harvest, crawl, index, or collect Content or data from the Site by automated means, or use any Content to train, fine-tune, or develop artificial-intelligence or machine-learning models, without our prior written permission; (f) frame or mirror the Site; (g) reverse engineer any portion of the Site; (h) remove or obscure any copyright or proprietary notice; or (i) use the Site to send spam or unlawful communications. We reserve the right to investigate violations, block access, and report unlawful conduct to authorities.
7. Submissions, Ideas, Feedback, and Testimonials
7.1. No unsolicited manuscripts or story ideas. The Company and its authors do not accept or consider unsolicited manuscripts, book proposals, story ideas, plot suggestions, character concepts, titles, or similar creative material. Please do not send them.
7.2. Unsolicited Submissions are non-confidential. If you nevertheless send us any Submission, you agree that: (a) the Submission is non-confidential and non-proprietary; (b) the Company Parties have no obligation to review, return, acknowledge, or compensate you for it; (c) you grant the Company Parties a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, and exploit the Submission for any purpose without compensation or attribution; and (d) our works, current and future, may coincidentally resemble your Submission, and you irrevocably waive any claim based on any similarity between any Submission and any work published, developed, or distributed by the Company Parties, it being agreed that independent creation is presumed.
7.3. Feedback. If you provide suggestions or feedback about the Site or our books, you assign to the Company all right, title, and interest in such feedback, and we may use it for any purpose without obligation to you.
7.4. Future submissions program. If the Company opens to author submissions in the future, that opening will be announced on the Site together with formal submission guidelines and a submissions agreement, and only material submitted through that announced process, at [email protected], will be considered. Unless and until such an announcement appears on the Site, Kypex Media is closed to submissions, and any material sent to any Company address, including [email protected], remains an unsolicited Submission governed by Sections 7.1 through 7.3.
7.5. Testimonials. If you send us praise for a book or the newsletter (by email, review, or social media reply directed to us), you grant us permission to quote it in our marketing, identified by your first name and last initial only, unless you tell us otherwise in writing.
8. The Email Newsletter
8.1. Subscribing is optional and free. We use a double opt-in process: you must confirm your subscription by clicking the link in a confirmation email before you receive our updates.
8.2. You may unsubscribe at any time using the link included in every email; removal is immediate. We comply with the CAN-SPAM Act: our emails identify the sender and include a working unsubscribe mechanism.
8.3. Newsletter content, including any free bonus stories or reader magnets, is Content under Section 5, licensed for your personal enjoyment only, and may not be redistributed.
9. Purchases Happen Elsewhere; Third-Party Links
9.1. We do not sell books or process payments through the Site. Purchase links lead to third-party retailers, such as Amazon. Any purchase is a transaction solely between you and the retailer, governed entirely by the retailer's terms, pricing, availability, and policies. The Company is not a party to those transactions and is not responsible for the retailer's acts or omissions.
9.2. Some outbound links may be affiliate links; if so, the Company may earn a commission on qualifying purchases at no additional cost to you.
9.3. The Site links to third-party websites and services we do not control. We are not responsible for their content, availability, or privacy practices, and a link does not imply endorsement.
10. Copyright Complaints
We respect intellectual property. If you believe any Content on the Site infringes your copyright, send a written notice with the elements required by 17 U.S.C. § 512(c)(3) to [email protected] with the subject line "Copyright Notice." We will review and respond as appropriate under applicable law.
11. Disclaimer of Warranties
11.1. THE SITE AND ALL CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11.2. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES DO NOT WARRANT THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) ANY ERRORS WILL BE CORRECTED; (c) THE SITE OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS; OR (d) ANY INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT.
11.3. THE BOOKS OFFERED ARE WORKS OF FICTION EXCEPT WHERE EXPRESSLY IDENTIFIED AS NON-FICTION. IN FICTION TITLES, NAMES, CHARACTERS, PLACES, AND INCIDENTS ARE PRODUCTS OF THE AUTHOR'S IMAGINATION OR ARE USED FICTITIOUSLY, AND ANY RESEMBLANCE TO ACTUAL PERSONS, LIVING OR DEAD, OR ACTUAL EVENTS IS COINCIDENTAL. NOTHING ON THE SITE OR IN ANY BOOK CONSTITUTES MEDICAL, LEGAL, FINANCIAL, PSYCHOLOGICAL, OR OTHER PROFESSIONAL ADVICE; NON-FICTION TITLES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL FOR ADVICE SPECIFIC TO YOUR SITUATION.
11.4. THESE DISCLAIMERS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
12. Limitation of Liability
12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, ANY CONTENT, ANY THIRD-PARTY SITE, OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. AGGREGATE CAP: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE, REGARDLESS OF THE NUMBER OF CLAIMS OR THE THEORY OF LIABILITY. BECAUSE THE SITE IS PROVIDED FREE OF CHARGE, YOU AGREE THIS LIMITATION IS FAIR AND ADEQUATE CONSIDERATION.
12.3. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS; IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Site or Content; (b) your violation of these Terms or any applicable law; (c) any Submission you provide; or (d) your violation of any third party's rights. We reserve the right to assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate fully. You may not settle any such claim without our prior written consent.
14. Georgia LLC Liability Shield
14.1. Kypex Media is a trade name of Kypex Advisors, LLC, a limited liability company organized under the laws of the State of Georgia. Pursuant to O.C.G.A. § 14-11-303, the members, managers, and agents of Kypex Advisors, LLC are not personally liable for the debts, obligations, or liabilities of the company, whether arising in contract, tort, or otherwise, solely by reason of being a member, manager, or agent of the LLC.
14.2. You expressly acknowledge and agree that: (a) any claims relating to the Site or these Terms are limited to recovery against the assets of Kypex Advisors, LLC only; (b) you will not seek to pierce the corporate veil or to hold any individual member, manager, employee, author, or representative personally liable; and (c) no personal assets of any individual associated with the Company are subject to any such claim.
15. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
15.1. Informal resolution first. Before initiating arbitration or litigation, you and the Company agree to attempt to resolve any dispute informally: the complaining party will send written notice describing the dispute and the proposed resolution to the other party (to us: [email protected], subject "Legal Notice"), and the parties will negotiate in good faith for thirty (30) days before either may commence a formal proceeding.
15.2. Binding arbitration. Except as provided in Sections 15.6 and 15.8, any dispute, claim, or controversy arising out of or relating to these Terms or the Site ("Dispute") shall be resolved exclusively through final and binding individual arbitration rather than in court.
15.3. Rules and administration. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at www.adr.org). These Terms shall govern over any conflicting AAA rule to the extent permitted. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).
15.4. Venue and procedure. Arbitration shall be conducted by a single neutral arbitrator by videoconference, or in the county in Georgia where Kypex Advisors, LLC maintains its principal place of business, or at another mutually agreed location. The arbitrator shall apply Georgia law and applicable federal law and may award any remedy available in a court of competent jurisdiction. The arbitrator's decision is final and binding, subject to limited review under the Federal Arbitration Act.
15.5. CLASS-ACTION AND JURY TRIAL WAIVER. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY REPRESENTATIVE PROCEEDING. YOU WAIVE YOUR RIGHT TO A JURY TRIAL, EXCEPT AS PROVIDED IN SECTION 15.6.
15.6. Small claims exception. Either party may bring an individual action in small claims court in the county in Georgia where Kypex Advisors, LLC maintains its principal place of business, for claims within that court's jurisdiction, provided the action remains in small claims court.
15.7. Thirty (30) day opt-out right. You may opt out of this arbitration agreement and class-action waiver by sending written notice within thirty (30) days of your first acceptance of these Terms to [email protected] with the subject line "Arbitration Opt-Out," including your full name, email address, and a clear statement that you wish to opt out. Opting out does not affect your use of the Site; all other provisions of these Terms continue to apply.
15.8. Equitable relief. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information; such claims are not subject to arbitration.
15.9. Severability of arbitration provisions. If any portion of this Section 15 is found unenforceable, the remainder shall remain in effect; if the class-action waiver is found unenforceable as to a particular claim, this Section 15 (except this sentence) shall be void as to that claim only, and that claim shall proceed in the courts identified in Section 16.
15.10. Survival. This Section 15 survives termination of these Terms and your use of the Site.
16. Governing Law and Venue
These Terms are governed by the laws of the State of Georgia, USA, without regard to conflict-of-law rules; the United Nations Convention on Contracts for the International Sale of Goods is excluded. For any claim not subject to arbitration, exclusive venue and jurisdiction shall lie in the state and federal courts located in or serving the county in Georgia where Kypex Advisors, LLC maintains its principal place of business, and you consent to the personal jurisdiction of those courts and waive any objection to venue or inconvenient forum.
17. Force Majeure
The Company Parties shall not be liable for any failure or delay in performance resulting from circumstances beyond their reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, labor disputes, failures of hosting providers, internet or telecommunications infrastructure, cyberattacks, or power outages.
18. Termination
We may block, restrict, or terminate your access to the Site (including removing you from the newsletter) at any time, for any reason or no reason, with or without notice. You may stop using the Site at any time and unsubscribe from the newsletter at any time. Sections 5, 7, and 10 through 22 survive any termination.
19. Notices; Electronic Communications
19.1. Legal notices to the Company must be sent to [email protected]; general inquiries may be sent to [email protected]. We may provide notices to you by email (if you are a subscriber) or by posting on the Site; notices are deemed given when sent or posted.
19.2. You consent to receive communications from us electronically, and you agree that all agreements, notices, and disclosures we provide electronically satisfy any legal requirement that such communications be in writing.
20. General Provisions
20.1. Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Site and supersede all prior understandings.
20.2. Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary or severed, and the remaining provisions shall remain in full force.
20.3. Waiver. No failure to enforce any provision is a waiver of it; any waiver must be in writing and signed by the Company.
20.4. Assignment. You may not assign these Terms without our prior written consent. The Company may freely assign these Terms, including in connection with a merger, acquisition, or sale of assets, without your consent.
20.5. No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and the Company.
20.6. Headings are for convenience only. Language: these Terms are drafted in English; the English version prevails over any translation.
21. State-Specific Provisions
California residents: under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
22. Acknowledgment
BY USING THE SITE OR SUBSCRIBING TO THE NEWSLETTER, YOU ACKNOWLEDGE THAT: (a) YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM; (b) YOU AGREE TO THE PRIVACY POLICY; (c) YOU AGREE THAT THE SITE IS PROVIDED "AS IS" WITH NO WARRANTIES; (d) YOU AGREE THAT AGGREGATE LIABILITY IS CAPPED AT $100 AS PROVIDED IN SECTION 12; (e) YOU AGREE TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND WAIVE CLASS-ACTION AND JURY-TRIAL RIGHTS AS PROVIDED IN SECTION 15, SUBJECT TO THE 30-DAY OPT-OUT; AND (f) YOU AGREE TO THE SUBMISSIONS TERMS IN SECTION 7.
23. Contact
Kypex Media, an imprint of Kypex Advisors, LLC (a Georgia limited liability company)
General inquiries: [email protected]
Legal notices: [email protected]
END OF TERMS OF SERVICE