The following terms apply to your use of the services and web sites of
GOSTEPUP.COM, a subsidiary of Sunshine Enterprise, Inc. (Referred as Stepup
below) . By using any of our services or opening an account with any of
our websites, you agree to all terms as stated below.
Services Provided
STEPUP focuses on the needs of the scaffold industrial
and construction industry. Our purpose is to provide competitive pricing
on products that are in high demand along with the user -friendly shopping environment.
Privacy
Usage Fees
There are no dues or fees for the use of this website.
Returns
Return merchandise will only be accepted if it is in the
original condition and within thirty days of the purchase date. A return
authorization number is required for all returns. Returns must be sent freight
pre-paid to where the product was delivered from. If an order is returned or
the buyer does not accept the delivery of an order without prior authorization
from STEPUP, STEPUP will treat this order as delivered. If after 60 days of
unauthorized return or non-acceptance, the customer has not claimed the order
and paid the appropriate shipping costs to send merchandise, the merchandise of
the order will become STEPUP's property and the order will be treated as fulfilled.
Shipping
Merchandise will be shipped with Common Carriers or UPS ground.
We reserve the right to change our shipping policies and in particular our shipping
costs whenever required for business purposes or to enhance service for our customers.
Release and Waiver of Claims
In the event of a dispute between users of the STEPUP website, you
agree to waive any claim against STEPUP, including our officers, directors, agents and
employees for any claims of liability in any way arising out of the dispute. California
resident users agree to waive the provisions of California Civil Code ?1542 which states:
"A general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor."
Indemnity
You agree to indemnify and hold STEPUP, its officers, directors, agents
and employees harmless from any and all claims or damages, including court costs and
attorney fees, arising out of your use of our site and our services.
Liability Limitation
YOU, AS USER, AGREE THAT STEPUP SHALL NOT BE LIABLE FOR SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE OUR SITE,
OUR SERVICES OR THIS USER AGREEMENT.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or
the limitation or exclusion of liability for incidental or consequential damages. Therefore,
the limitations set forth in sections 7 and 8 may not apply to you.
Dispute Resolution
Any controversy or claim arising out of or relating to this Agreement, or
the breach thereof, shall be first submitted to mediation under the commercial mediation rules
of the American Arbitration Association or to a mediator agreeable to the parties. If an impasse
is reached, as determined by the parties or the mediator, the claim or controversy shall be
settled by arbitration in accordance with the rules of the American Arbitration Association, and
judgment upon the award rendered by the arbitrator may be entered in the appropriate court of
competent jurisdiction. This clause shall not limit either party's right to obtain any provisional
remedy, including without limitation, injunctive relief, orders for recovering possessions or
similar relief, from any court of competent jurisdiction deemed necessary by either party to
protect its property rights.
Attorneys Fees
Should it be necessary for any party to this User Agreement to institute any
legal action to enforce any provision of this Agreement or any dispute arising out of this
Agreement, the prevailing party is entitled to receive from the other party such amount as the
court or the arbitrator shall adjudge to be reasonable attorney's fees for the services rendered
the prevailing party in such action or proceeding. Attorney's fees shall include those for services
rendered for purposes of an arbitration or court action but shall not include any services rendered
relating to a mediation of the dispute.