Terms of service

Effective Date: September 2, 2026
Last Updated: September 2, 2026

PLEASE READ THESE TERMS CAREFULLY. SECTION 21 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 21, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

1. Who We Are and What These Terms Cover

Skull Society is a brand owned and operated by Marco Polo Publications, Inc., a Florida corporation ("Skull Society," "Company," "we," "us," or "our"), with its principal place of business at 200 2nd Avenue South, Suite 502, Saint Petersburg, Florida 33701, United States.

These Terms of Service ("Terms") govern your access to and use of skullsociety.com, shop.skullsociety.com, and any other website, landing page, checkout, mobile experience, SMS or email program, social media presence, or online service that we operate and that links to or references these Terms (collectively, the "Site"), and your purchase of any products we offer through the Site (the "Products"). The Site and the Products are collectively the "Services."

Our Privacy Policy, Refund Policy, and Shipping Policy are incorporated into these Terms by reference. If there is a conflict between these Terms and any incorporated policy, these Terms control except where the incorporated policy expressly states otherwise.

2. Acceptance of These Terms

By accessing or using the Site, creating an account, placing an order, subscribing to our communications, or clicking a button or checking a box indicating your acceptance, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

The Services are intended for adults. You represent that you are at least 18 years of age (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into a binding contract. If you are under 18, you may not place an order or create an account; a parent or legal guardian must do so on your behalf. The Services are not directed to, and we do not knowingly collect information from, children under 13.

If you use the Services on behalf of a business or other entity, you represent that you have authority to bind that entity, and "you" includes that entity.

3. Changes to These Terms

We may revise these Terms at any time by posting the updated version on the Site and updating the "Last Updated" date. Material changes will be indicated by a notice on the Site, by email to the address on file for your account, or both, where reasonably practicable. Changes take effect when posted unless otherwise stated. Your continued use of the Services after a change becomes effective constitutes acceptance of the revised Terms; however, changes to Section 21 (Dispute Resolution) will not apply to any dispute of which we had written notice before the change was posted. The version of these Terms in effect at the time you place an order governs that order.

4. Products, Descriptions, Pricing, and Availability

Descriptions. We make reasonable efforts to describe our Products and display their colors, dimensions, and features accurately. However, we do not warrant that Product descriptions, photographs, videos, sizing charts, or other content are accurate, complete, reliable, current, or error-free. Colors may vary based on your display. Handmade, printed, and vinyl Products may have minor variations from the images shown.

Pricing. All prices are in U.S. dollars unless otherwise stated and exclude shipping, handling, taxes, duties, and fees, which are calculated at checkout or, for international orders, may be assessed on delivery. We may change prices at any time without notice. Prices at the time of order confirmation apply to that order.

Errors. Despite our efforts, Products may occasionally be mispriced, described inaccurately, or listed when unavailable. We reserve the right, at any time before shipment, to correct any error, cancel any order arising from an error (including an order that has been confirmed and charged), and refund any amount charged. If we cancel an order after payment, your sole remedy is a refund of the amount paid for that order.

Availability. All Products are subject to availability. We may limit quantities, discontinue Products, or refuse any order at our discretion, including orders that appear to be placed by dealers, resellers, or distributors, or that we suspect are fraudulent or violate these Terms.

5. Orders, Payment, and Taxes

Order Acceptance. Your order is an offer to purchase. Our order confirmation email acknowledges receipt of your order but does not constitute acceptance. A contract for sale is formed only when we ship the Products or, for digital goods, when we deliver them. We may decline or cancel any order for any lawful reason, including suspected fraud, payment failure, pricing or inventory errors, or a violation of these Terms.

Payment. You agree to provide current, complete, and accurate purchase and account information, and to promptly update it as needed. Payment is processed by third-party payment processors (including Shopify Payments, PayPal, Shop Pay, and buy-now-pay-later providers), each of which is subject to its own terms. You authorize us and our processors to charge your selected payment method for the total amount of your order, including applicable shipping, taxes, and fees. You represent that you are authorized to use the payment method provided.

Fraud Prevention. We may use third-party services to screen orders for fraud and may request additional verification before accepting an order. We may cancel any order we cannot verify to our satisfaction.

Taxes. We collect sales tax where required by law. You are responsible for any taxes, duties, or fees not collected at checkout, including any use tax owed in your jurisdiction.

Chargebacks. Please contact us to resolve any billing dispute before initiating a chargeback. We will respond to billing disputes promptly and in good faith. Chargebacks that are determined by the card network to be unwarranted may result in suspension of your ability to place future orders.

6. Shipping, Delivery, and International Orders

Shipping terms, estimated delivery windows, and carriers are described in our Shipping Policy. Delivery dates are estimates only and are not guaranteed. Title to and risk of loss for Products pass to you upon delivery of the Products to the shipping address you provided, as reflected in the carrier's tracking records. We are not responsible for delays caused by carriers, weather, customs processing, or events outside our reasonable control, or for loss or misdelivery resulting from an incorrect or incomplete address you provided. If a package is confirmed lost in transit by the carrier, we will provide a replacement or refund in accordance with our Refund Policy. Packages marked "delivered" by the carrier are presumed delivered; if you did not receive such a package, contact us within seven (7) days and we will work with you and the carrier in good faith.

International Orders. If you order from outside the United States, you are the importer of record. You are solely responsible for any import duties, customs fees, value-added taxes, brokerage fees, or other charges imposed by your country, which are not included in our prices unless expressly stated at checkout. Refused, abandoned, or returned-to-sender international shipments may be refunded less shipping costs and any fees we incur. You are responsible for ensuring that the Products you order may be lawfully imported into your country.

Export Controls. You agree to comply with all applicable export and import laws and will not purchase, ship, or transfer Products to any person, entity, or country subject to U.S. sanctions or export restrictions.

7. Returns, Refunds, and Exchanges

Returns, refunds, and exchanges are governed by our Refund Policy, which is incorporated into these Terms. Certain Products—including custom or personalized items, clearance items, and items identified as final sale—may not be eligible for return. Nothing in these Terms limits any non-waivable statutory rights you may have as a consumer under the laws of your jurisdiction.

8. Promotions, Discount Codes, Gift Cards, and Special Offers

Discount Codes and Promotions. Discount codes and promotional offers are subject to any terms displayed with the offer, are valid only for the stated period, may not be combined with other offers unless expressly stated, have no cash value, and may be modified or withdrawn at any time. We may cancel orders or void discounts that we reasonably believe were obtained through misuse, unauthorized distribution, or exploitation of a technical error. Unless otherwise stated, only one discount code may be applied per order.

"Free" and "Free Plus Shipping" Offers. From time to time we offer Products at no charge in exchange for payment of a stated shipping and handling fee. For these offers: (a) the shipping and handling fee is the only charge for the base offer, reflects our actual cost of shipping and handling, and is disclosed before you pay; (b) shipping and handling fees are non-refundable once the item ships, except as required by law or stated in our Refund Policy; (c) offers are limited to the stated quantity per household unless otherwise specified; (d) any additional items or upgrades offered during checkout are optional, separately priced, and clearly disclosed before you add them; and (e) we may end or modify the offer at any time. These offers do not enroll you in any subscription or recurring charge unless a recurring charge is clearly and conspicuously disclosed and you separately and affirmatively consent to it before providing payment.

Subscriptions and Recurring Orders. If we offer any Product on a subscription or recurring basis, we will clearly and conspicuously disclose all material terms—including the recurring price, billing frequency, and how to cancel—before you provide billing information, and we will obtain your express informed consent before charging you. You may cancel a subscription at any time through your account, by replying to any subscription email, or by contacting us at support@skullsociety.com, and cancellation will be at least as easy as the method you used to sign up. Cancellation takes effect at the end of the current billing period unless otherwise stated.

Gift Cards. Gift cards are redeemable only for Products on the Site, are not redeemable for cash except where required by law, and are not replaceable if lost or stolen. Gift cards do not expire and no inactivity fees are charged.

9. Product Safety, Intended Use, and Warnings

General. Our Products are intended for the uses described in their listings and accompanying materials. You are responsible for reading and following all product labels, instructions, warnings, and applicable laws and regulations before using any Product. Misuse, modification, or use of a Product for a purpose other than its intended purpose voids any warranty and is at your sole risk.

Motorcycling and Riding Activities. Motorcycling and related activities are inherently dangerous and can result in serious injury or death. Our apparel, accessories, and merchandise are lifestyle Products and are not personal protective equipment, armor, or crash-protective gear unless a specific Product listing expressly states that it is certified to a named protective standard. Wearing our Products does not reduce the risks of riding. You are solely responsible for choosing appropriate safety equipment, riding within your abilities, and complying with all helmet, eye-protection, and equipment laws in your jurisdiction.

Eyewear (including Hercules® Rider Readers). Where a listing states that eyewear meets ANSI Z87.1 or another standard, that statement refers to the impact-resistance rating of the lens as tested to that standard and does not mean the Product is unbreakable, indestructible, or suitable for all hazards. Our eyewear is not prescription eyewear and is not a substitute for a comprehensive eye examination or for corrective lenses prescribed by an eye-care professional. Bifocal reading segments magnify near objects only; you should not use them to view the road, instruments, or distant objects, and you should allow time to become accustomed to bifocal lenses before riding or operating machinery. Non-polarized lenses do not eliminate glare. Do not look directly at the sun. Consult an eye-care professional if you experience discomfort, headaches, or vision changes. Eye protection requirements for motorcycle operation vary by state and country; it is your responsibility to determine whether a Product satisfies the requirements applicable to you.

Decals, Stickers, and Vinyl Products. Decals may not adhere to all surfaces and may damage paint, clear coat, glass, or other surfaces upon application or removal. Test on an inconspicuous area first and follow application instructions. You are responsible for compliance with any laws governing window tint, window obstruction, license plate visibility, and placement of decals on vehicles or helmets. We are not responsible for damage to any surface, for reduced visibility, or for citations arising from placement of decals.

Apparel and Small Parts. Some Products contain small parts, drawstrings, or embellishments and are not suitable for children under 3. Follow care instructions; shrinkage and color fading can occur.

California Proposition 65. Some Products may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. Where required, a warning will appear on the Product listing or packaging. For more information visit www.P65Warnings.ca.gov.

Reporting Safety Issues. If you believe a Product is defective or has caused an injury, stop using it immediately and contact us at support@skullsociety.com.

10. Third-Party Marketplaces and Channels

We may also sell Products through third-party marketplaces such as Amazon, eBay, Etsy, or social commerce platforms. Purchases made on a third-party marketplace are governed by that marketplace's terms, return policies, and dispute processes, and these Terms apply to those purchases only to the extent they do not conflict with the marketplace's terms. We are not responsible for the operation, content, or policies of any third-party marketplace.

11. Accounts and Security

You may need to create an account to access certain features. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us immediately at support@skullsociety.com of any unauthorized use. We may suspend or terminate your account at any time for any violation of these Terms or for any conduct we reasonably believe is harmful to us, other users, or third parties. We are not liable for any loss arising from unauthorized use of your account that results from your failure to safeguard your credentials.

12. Email and SMS Marketing Programs

Email. By providing your email address and opting in, you consent to receive marketing and transactional emails from us. You may unsubscribe from marketing emails at any time by clicking the unsubscribe link in any marketing email or by contacting us. Transactional emails (such as order confirmations and shipping notices) will continue to be sent as necessary to fulfill your orders.

SMS Program. Skull Society offers a mobile messaging program (the "SMS Program"). By enrolling—for example, by entering your mobile number and checking the SMS consent box, or by texting a keyword to our number—you provide your prior express written consent to receive recurring automated marketing and transactional text messages (including via autodialer or automated technology) from Skull Society and Marco Polo Publications, Inc. at the mobile number you provided. Consent is not a condition of any purchase. Message frequency varies; you may receive up to eight (8) marketing messages per month, plus transactional messages related to your orders. Message and data rates may apply. Your carrier is not liable for delayed or undelivered messages.

You may opt out at any time by replying STOP, or any other reasonable words indicating you wish to stop, to any message we send, or by contacting us at support@skullsociety.com or +1 (866) 610-9441. We will honor opt-out requests promptly and in any event within ten (10) business days. After you opt out you may receive a single confirmation message. For help, reply HELP to any message or contact us at support@skullsociety.com. We send marketing text messages only between 8:00 a.m. and 8:00 p.m. in your local time zone, and no more than three (3) marketing messages in any 24-hour period. If you change or deactivate your mobile number, you agree to notify us so we can update our records. We may modify or terminate the SMS Program at any time, and we may change the short code or number used for the SMS Program. Our SMS Program is designed to comply with the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act, and CTIA Messaging Principles and Best Practices. We maintain records of the date, time, and method of your consent. Information collected through the SMS Program is handled as described in our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties, except for vendors and service providers that help us operate the SMS Program.

13. Reviews, Photos, and Other User Content

License. If you submit reviews, ratings, photographs, videos, comments, testimonials, suggestions, or other content directly to us or through the Site ("User Content"), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, transferable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that User Content, together with the name, username, and likeness you include in it, in any media now known or later developed, in connection with the marketing, advertising, and operation of our business, without compensation or further notice to you. You waive any moral rights in the User Content to the extent permitted by law. You may request removal of specific User Content by contacting us; we will make reasonable efforts to honor such requests for future uses but cannot recall materials already published or distributed.

Social Media. Tagging us, mentioning us, or using our hashtags on social media does not by itself grant us a license under these Terms. If we would like to feature your social media content in our marketing, we will ask for your express permission (for example, by replying to your post and asking you to reply with a designated hashtag or by messaging you), and your grant of that permission will be governed by the license terms in this Section 13.

Your Representations. You represent and warrant that you own or have all rights necessary to grant the above license; that the User Content is accurate and reflects your honest opinion and actual experience; that it does not infringe or violate any third party's intellectual property, privacy, publicity, or other rights; and that it is not unlawful, defamatory, obscene, threatening, harassing, or otherwise objectionable. You are solely responsible for your User Content.

Reviews. We display reviews from customers in accordance with the FTC's Rule on the Use of Consumer Reviews and Testimonials (16 C.F.R. Part 465). We do not purchase, write, or solicit fake reviews, and we do not condition any incentive on a review expressing a particular sentiment. We may moderate reviews to remove content that is unlawful, off-topic, contains personal information, is abusive or obscene, or is unrelated to the Product, but we do not suppress reviews based solely on negative sentiment. If a reviewer received a free product, discount, or other incentive, that fact will be disclosed where required.

Monitoring and Removal. We have the right, but not the obligation, to monitor, edit, or remove any User Content at our sole discretion. We do not endorse any User Content and assume no liability for it.

14. Intellectual Property

The Site and all of its content—including text, graphics, logos, designs, artwork, product designs, photographs, videos, audio, software, the "look and feel" of the Site, and the compilation of all of the foregoing—are owned by or licensed to Marco Polo Publications, Inc. and are protected by U.S. and international copyright, trademark, trade dress, and other intellectual property laws. SKULL SOCIETY, HERCULES, the Skull Society logo, and other names, logos, and designs appearing on the Site are trademarks or trade dress of Marco Polo Publications, Inc. You may not use any of our trademarks, designs, or content without our prior written permission.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial shopping use. You may not copy, reproduce, republish, upload, post, transmit, distribute, scrape, data-mine, reverse engineer, or create derivative works of any part of the Site or its content, or reproduce any Product design for manufacture or resale, without our express written consent.

Third-Party Marks and Events. References on the Site to rallies, events, motorcycle manufacturers, military branches, or other third parties (including their names, marks, or logos) are for descriptive, informational, or nominative purposes only. Unless expressly stated, Skull Society is not affiliated with, sponsored by, endorsed by, or licensed by any such third party.

15. Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe that content on the Site infringes your copyright, please send a notice to our designated agent at support@skullsociety.com (subject line: "DMCA Notice") or by mail to Marco Polo Publications, Inc., Attn: Copyright Agent, 200 2nd Avenue South, Suite 502, Saint Petersburg, FL 33701, including: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and its location on the Site; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on behalf of the owner. If material you posted was removed in response to a notice and you believe the removal was a mistake or misidentification, you may send a counter-notice to the same address containing: your physical or electronic signature; identification of the removed material and its former location; a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; your name, address, and phone number; and a statement that you consent to the jurisdiction of the federal court for your district (or the Middle District of Florida if you are outside the United States) and will accept service of process from the person who filed the original notice. We may terminate the accounts of repeat infringers.

16. Prohibited Uses

You agree not to use the Services: (a) for any unlawful purpose or to solicit others to perform unlawful acts; (b) to violate any international, federal, state, or local law or regulation; (c) to infringe or violate our or any third party's intellectual property or other rights; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone; (e) to submit false or misleading information, including fraudulent orders, false reviews, or false chargeback claims; (f) to upload or transmit viruses, malware, or any code that could interfere with the Services; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape the Site; (i) for any obscene or immoral purpose; (j) to interfere with or circumvent the security features of the Services; (k) to purchase Products for resale without our written authorization; (l) to exploit pricing, promotional, or technical errors; or (m) to use bots, automated scripts, or other means to place orders or access the Site. We may terminate or restrict your access for violating any prohibited use.

17. Third-Party Links, Tools, and Services

The Services may include links to third-party websites, content, or services, or provide access to third-party tools (such as payment processors, shipping carriers, review platforms, and social media features) over which we have no control. We provide access to these as a convenience only and do not monitor, endorse, warrant, or assume responsibility for any third-party website, content, product, or service. Your use of third-party tools and services is at your own risk and subject to their terms. Complaints or claims regarding third-party products or services should be directed to the third party.

18. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY PRODUCT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. ANY EXPRESS WARRANTY WE PROVIDE FOR A SPECIFIC PRODUCT IS LIMITED TO THE TERMS STATED IN THAT PRODUCT'S LISTING OR PACKAGING.

IF WE PROVIDE A WRITTEN WARRANTY FOR A SPECIFIC PRODUCT, THEN, TO THE EXTENT THE MAGNUSON-MOSS WARRANTY ACT OR SIMILAR LAW PROHIBITS DISCLAIMING IMPLIED WARRANTIES FOR THAT PRODUCT, IMPLIED WARRANTIES ARE INSTEAD LIMITED IN DURATION TO THE DURATION OF THAT WRITTEN WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AFFECTS ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARCO POLO PUBLICATIONS, INC., SKULL SOCIETY, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, MANUFACTURERS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "SKULL SOCIETY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, OR FOR THE COST OF SUBSTITUTE GOODS, ARISING OUT OF OR RELATING TO THE SERVICES, THE PRODUCTS, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE SKULL SOCIETY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, THE PRODUCTS, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

EXCLUSIONS FROM THESE LIMITATIONS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 19 DO NOT APPLY TO, AND DO NOT LIMIT OR EXCLUDE OUR LIABILITY FOR: (A) DEATH OR BODILY INJURY TO A PERSON CAUSED BY A DEFECT IN A PRODUCT OR BY OUR NEGLIGENCE; (B) OUR FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT; OR (C) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. IN THOSE CASES OUR LIABILITY IS GOVERNED BY APPLICABLE LAW.

THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US, ARE REFLECTED IN OUR PRICING, AND SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

20. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Skull Society Parties from and against any and all claims, demands, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) to the extent arising out of or relating to: (a) your material breach of these Terms or any incorporated policy; (b) your violation of any law or infringement of the rights of any third party; (c) your User Content; (d) your intentional misuse of any Product contrary to its instructions, warnings, or intended purpose, or your modification of a Product; or (e) any fraudulent or intentionally wrongful act by you. This Section does not require you to indemnify us for claims to the extent caused by our own negligence or misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

21. Dispute Resolution: Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

21.1 Scope. This Section 21 applies to any dispute, claim, or controversy between you and any of the Skull Society Parties arising out of or relating in any way to the Services, the Products, your relationship with us, communications from us (including emails, texts, and calls), or these Terms, including their formation, interpretation, breach, termination, enforceability, or validity, and including claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and claims that arose before you accepted these Terms or after their termination (each, a "Dispute"). Delegation. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether a Dispute is subject to arbitration and any claim that all or part of this agreement is void or voidable—except that only a court of competent jurisdiction (and not an arbitrator) may decide any dispute concerning the validity, enforceability, or scope of the Class Action Waiver in Section 21.6 or the Mass Arbitration Protocol in Section 21.7.

21.2 Informal Resolution First. Most disputes can be resolved without formal proceedings. Before initiating arbitration or any court proceeding, you and we agree to first attempt to resolve any Dispute informally. You must send written notice of your Dispute to Marco Polo Publications, Inc., Attn: Legal – Dispute Notice, 200 2nd Avenue South, Suite 502, Saint Petersburg, FL 33701, with a copy to support@skullsociety.com. Your notice must include your name, mailing address, email address, phone number, the order number(s) at issue, a detailed description of the Dispute, and the specific relief you seek, and must be personally signed by you. We will send any notice to you at the email or mailing address associated with your account or order. If the Dispute is not resolved within sixty (60) days after the notice is received, either party may commence arbitration as set out below. Either party may request an individual telephone or video conference during the 60-day period, and both parties agree to participate personally (counsel may also attend). Compliance with this Section 21.2 is a condition precedent to arbitration or litigation, and any applicable statute of limitations will be tolled during the informal resolution period.

21.3 Agreement to Arbitrate. Except for Disputes described in Section 21.5, you and we agree that any Dispute shall be resolved exclusively by final and binding individual arbitration rather than in court. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (and, where applicable, its Mass Arbitration Supplementary Rules) then in effect (the "AAA Rules"), as modified by this Section 21. The AAA Rules are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration, the parties will agree on a substitute administrator or, failing agreement, a court of competent jurisdiction will appoint one. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and evidences a transaction involving interstate commerce.

21.4 Arbitration Procedures. The arbitration will be conducted by a single neutral arbitrator. The arbitrator may award the same damages and relief on an individual basis that a court could award to an individual, and must follow applicable law and these Terms. Any in-person hearing will take place in the county where you reside or another mutually agreed location; for claims of US$25,000 or less, either party may elect to have the arbitration conducted by telephone, video conference, or on written submissions. Payment of AAA filing, administrative, and arbitrator fees will be governed by the AAA Rules; if the arbitrator finds that a claim was filed for purposes of harassment or is patently frivolous, the arbitrator may reallocate fees in accordance with the AAA Rules. Each party will bear its own attorneys' fees and costs unless the arbitrator awards fees under applicable law or these Terms. The arbitrator's award will be in writing, will state the essential findings and conclusions on which it is based, and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

21.5 Exceptions. Either party may (a) bring an individual action in small claims court in your county of residence or in Pinellas County, Florida, if the claim qualifies and remains in that court on an individual basis; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights; or (c) seek to enforce this Section 21 or to confirm, vacate, or enter judgment on an arbitration award. Nothing in this Section prevents you from bringing issues to the attention of federal, state, or local agencies, which may seek relief on your behalf if the law allows.

21.6 Class Action and Jury Trial Waiver. YOU AND WE EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class, representative, or consolidated proceeding, except as provided in Section 21.7. YOU AND WE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY in any proceeding that for any reason proceeds in court rather than in arbitration. If the class action waiver in this Section 21.6 is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that claim or request) shall be severed from the arbitration and litigated in court in accordance with Section 22, and the remaining claims shall be arbitrated. In no event shall a class, collective, representative, or consolidated action proceed in arbitration.

21.7 Mass Arbitration Protocol. If twenty-five (25) or more similar demands for arbitration are filed against us by or with the assistance of the same law firm, group of law firms, or coordinated counsel within a 180-day period ("Mass Arbitration"), the following applies in addition to the AAA Mass Arbitration Supplementary Rules: (a) counsel for the claimants and for us shall each select ten (10) demands to proceed first as bellwether arbitrations, with all other demands held in abeyance and their filing fees deferred; (b) upon conclusion of the bellwether arbitrations, the parties shall engage in a single global mediation of the remaining demands for a period of at least ninety (90) days; (c) if the remaining demands are not resolved in mediation, they shall proceed in batches of no more than one hundred (100) demands each, with each batch assigned to a single arbitrator, or by such other staged process as the AAA and the parties agree; and (d) any statute of limitations will be tolled for demands held in abeyance from the date of filing until the demand is permitted to proceed. Nothing in this Section 21.7 prevents any claimant from ultimately having his or her individual claim heard and decided on the merits. If this Section 21.7 is found unenforceable, the AAA Mass Arbitration Supplementary Rules shall govern.

21.8 30-Day Right to Opt Out. You may opt out of this arbitration agreement and class action waiver by sending written notice of your decision to opt out to Marco Polo Publications, Inc., Attn: Arbitration Opt-Out, 200 2nd Avenue South, Suite 502, Saint Petersburg, FL 33701, or by email to support@skullsociety.com with the subject line "Arbitration Opt-Out," within thirty (30) days after the later of (i) the date you first accept these Terms or first place an order with us, or (ii) if you accepted an earlier version of our terms that did not contain an arbitration agreement, the Effective Date stated at the top of these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms will continue to apply to you, and Disputes will be resolved in court as provided in Section 22. Opting out will not affect any other arbitration agreement you may have with us.

21.9 Changes to This Section. If we make any material change to this Section 21, you may reject the change by sending us written notice within thirty (30) days of the change, in which case the version of this Section 21 in effect immediately before the change will continue to apply to Disputes between you and us.

21.10 Severability; Survival. Except as provided in Section 21.6, if any part of this Section 21 is found to be unenforceable, the remainder shall remain in effect and be enforced to the fullest extent permitted by law. This Section 21 survives termination of your relationship with us and of these Terms.

22. Governing Law and Venue

These Terms and any Dispute are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to its conflict-of-laws principles, except that mandatory consumer protection laws of your state or country of residence may apply to the extent they cannot be displaced by contract. To the extent any Dispute is not subject to arbitration under Section 21, you and we agree that such Dispute shall be brought exclusively in the state courts located in Pinellas County, Florida, or the United States District Court for the Middle District of Florida, Tampa Division, and you consent to the personal jurisdiction of and venue in those courts and waive any objection based on inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

23. Accessibility

We are committed to making the Site usable by as many people as possible, including people with disabilities, and we work toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty accessing any part of the Site or completing a purchase, please contact us at support@skullsociety.com or +1 (866) 610-9441 and we will work with you to provide the information or complete the transaction through an alternative method.

24. Termination

These Terms are effective unless and until terminated by you or us. You may stop using the Services at any time. We may terminate or suspend your access to all or part of the Services, without notice or liability, if we reasonably believe you have violated these Terms or for any other lawful reason. Obligations and liabilities incurred before termination survive termination, as do Sections 5 (as to amounts owed), 9, 12 (as to consent records), 13, 14, 18, 19, 20, 21, 22, and 27.

25. Force Majeure

We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, severe weather, pandemic or epidemic, war, terrorism, civil unrest, labor disputes, government actions, embargoes, carrier or supplier failures, utility or internet outages, or cyberattacks.

26. Electronic Communications and Signatures

By using the Services, you consent to receive communications from us electronically, including by email, text message (if enrolled), and notices posted on the Site, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You agree that clicking "I agree," "Place order," "Pay now," or a similar button, or checking a box, constitutes your electronic signature and acceptance under the U.S. Electronic Signatures in Global and National Commerce Act and applicable state law.

27. General Provisions

Entire Agreement. These Terms, together with the policies incorporated by reference and any Product-specific terms presented at the point of purchase, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Severability. If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law and the remaining provisions shall remain in full force and effect.

Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

No Third-Party Beneficiaries. Except for the Skull Society Parties, who are intended beneficiaries of Sections 19, 20, and 21, these Terms do not confer any rights on any third party.

Headings. Section headings are for convenience only and have no legal effect.

Language. These Terms are written in English. Any translation is provided for convenience only; the English version controls.

Notices. Except as otherwise specified in Section 21, legal notices to us must be sent to Marco Polo Publications, Inc., Attn: Legal, 200 2nd Avenue South, Suite 502, Saint Petersburg, FL 33701, with a copy to support@skullsociety.com.

28. Contact Information

Questions about these Terms should be sent to:

Marco Polo Publications, Inc. d/b/a Skull Society
200 2nd Avenue South, Suite 502
Saint Petersburg, Florida 33701
United States
Email: support@skullsociety.com
Phone: +1 (866) 610-9441