Terms & Conditions

Terms and Conditions of Sale

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

These terms and conditions ("Agreement") apply to your purchase of merchandise and/or related products and/or services and support sold in the United States ("Product"). By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Ricochet Concepts and return your purchase pursuant to Ricochet Concepts return policy. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH RICOCHET CONCEPTS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER RICOCHET CONCEPTS TERMS AND CONDITIONS APPLY TO THE TRANSACTION.

  1. Other Documents.

    Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Ricochet Concepts. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained by contacting Ricochet Concepts.
     
  2. Payment Terms; Orders; Quotes; Interest.

    Terms of payment are within Ricochet Concepts sole discretion, and unless otherwise agreed to by Ricochet Concepts, payment must be received by Ricochet Concepts prior to Ricochet Concepts acceptance of an order. Payment for the products will be made by credit card or other prearranged payment method unless credit terms have been agreed to by Ricochet Concepts. Any invoices issued if applicable are due and payable within the time period noted measured from the date of the invoice. Ricochet Concepts may invoice parts of an order separately. Your order is subject to cancellation by Ricochet Concepts, at Ricochet Concepts sole discretion. Ricochet Concepts is not responsible for pricing, typographical, or other errors, in any offer by Ricochet Concepts and reserves the right to cancel any orders resulting from such errors.
     
  3. Shipping Charges; Taxes; Title; Risk of Loss.

    Shipping and handling are not included unless otherwise expressly indicated at the time of sale. Title to products passes from Ricochet Concepts to Customer on shipment from the distribution facility. Loss or damage that occurs during shipping by a carrier selected by Ricochet Concepts is Ricochet Concepts responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Loss or damage that occurs during the shipping by a carrier selected by the manufacturer the manufacturer will remain responsible. You must notify Ricochet Concepts within 5 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Ricochet Concepts with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. Title to software will remain with the applicable licensor(s).
     
  4. Warranties.

    THE LIMITED WARRANTIES APPLICABLE TO BRANDED PRODUCT CAN BE FOUND IN THE INFORMATION PORTION OF THE WEBSITE OR WITH DOCUMENTATION THE MANUFACTURER PROVIDES WITH RESPECTIVE-BRANDED PRODUCT. RICOCHET CONCEPTS MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-RICOCHET CONCEPTS THE GAYBIRDS BRANDED PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY RICOCHET CONCEPTS "AS IS" AND THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY RICOCHET CONCEPTS. RICOCHET CONCEPTS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN APPLICABLE RICOCHET CONCEPTS THE GAYBIRDS-BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. RICOCHET CONCEPTS THE GAYBIRDS-BRANDED WARRANTIES AND SERVICES WILL BE EFFECTIVE, AND RICOCHET CONCEPTS IS NOT OBLIGATED TO HONOR ANY SUCH WARRANTY OR SERVICE UNTIL RICOCHET CONCEPTS RECEIVES PAYMENT IN FULL. RICOCHET CONCEPTS MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF RICOCHET CONCEPTS DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCT, SERVICES, MAINTENANCE, OR SUPPORT ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.

 

  1. Software.

    All software is provided subject to a license agreement and you agree that you will be bound by such license agreement.
     
  2. Return Policies & Exchanges.

    Ricochet Concepts return policy can be found in the INFORMATION section of the Website. You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Ricochet Concepts, Ricochet Concepts is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal.  At Ricochet Concepts discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.

 

  1. Changed or Discontinued Product.

    Ricochet Concepts policy is one of ongoing update and revision. Ricochet Concepts may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." Ricochet Concepts will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.
     
  2. Service and Support.

    Service offerings may vary from Product to Product. In addition to these terms and conditions, Ricochet Concepts and/or your third-party service provider may provide such service and support to you in the U.S. in accordance with the term and conditions. Ricochet Concepts and/or your third-party service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Ricochet Concepts has no obligation to provide service or support until Ricochet Concepts has received full payment for the Product or service/support contract purchased. Ricochet Concepts is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third-party and not Ricochet Concepts. Ricochet Concepts and/or your third-party service provider will have no liability for loss or recovery of data, programs or loss of use of product(s) arising out of the services or support or any act or omission, including negligence, by Ricochet Concepts or your-third-party service provider.
     
  3. Limitation of Liability.

    RICOCHET CONCEPTS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED EQUIPMENT OR PRODUCT, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, RICOCHET CONCEPTS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, RICOCHET CONCEPTS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
     
  4. Applicable Law; Not For Resale or Export.

    You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
     
  5. Governing Law.

    THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND RICOCHET CONCEPTS arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Ricochet Concepts advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

 

  1. Binding Arbitration.

    ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND RICOCHET CONCEPTS, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Ricochet Concepts") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Ricochet Concepts advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and Ricochet Concepts. NEITHER CUSTOMER NOR RICOCHET CONCEPTS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Ricochet Concepts will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.

 

Terms Acceptance of Contract Terms

The following are terms of a legal agreement between you and Ricochet Concepts LLC. By accessing, browsing and/or using this site ("www.equalitybeyondgender.com", "www.thegaybirds.com",)  you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Ricochet Concepts from its offices within the United States. Ricochet Concepts makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so by their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of New Jersey.

Use Restrictions

The copyright in all material provided on this Site is held by Ricochet Concepts or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Ricochet Concepts or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site only for personal and non-commercial use, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Ricochet Concepts permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

U.S. Government Restricted Rights

The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Ricochet Concepts proprietary rights in them.

Any questions concerning the existence and use of Trademarks should be referred to Ricochet Concepts at U.S. or contact@ricochetconcepts.com.

Trademarks

Ricochet Concepts, Equality Beyond Gender, the gaybirds and logos are trademarks or registered trademarks in the United States.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RICOCHET CONCEPTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF RICOCHET CONCEPTS OR A RICOCHET CONCEPTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Our Transmissions

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Ricochet Concepts or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Ricochet Concepts Online will be handled in accordance with Ricochet Concepts Online Privacy Practices. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Term of Use Revisions

Ricochet Concepts may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.