The following are terms of a legal agreement between you and PowerNotebooks.com ("PowerNotebooks"). By accessing, browsing and/or using this site ("Site"), 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 PowerNotebooks from its offices within the United States. PowerNotebooks 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 on 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 Nevada.

The copyright in all material provided on this Site is held by PowerNotebooks 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 PowerNotebooks or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, 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 PowerNotebook's 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.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL POWERNOTEBOOKS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF POWERNOTEBOOKS OR A POWERNOTEBOOKS 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.

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 PowerNotebooks 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 PowerNotebooks Online will be handled in accordance with PowerNotebooks' 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.

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.

This Agreement contains the terms and conditions that apply to purchases by customers from PowerNotebooks ("PowerNotebooks") that will be provided to you ("Customer") on orders for computer systems and/or related products sold in the United States. You agree to be bound by and accept this agreement as applicable to your purchase of product(s) or service(s) from PowerNotebooks. By accepting delivery of the computer systems and/or other products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions.

THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH PowerNotebooks, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER PowerNotebooks STANDARD TERMS APPLY TO THE TRANSACTION.

These terms and conditions are subject to change without prior written notice at any time, in PowerNotebooks' sole discretion.

1. Other Documents.Other than as specifically provided in any separate formal purchase agreement between Customer and PowerNotebooks, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and PowerNotebooks.

2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEVADA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

3. Payment Terms; Orders; Quotes; Interest.Terms of payment are within PowerNotebooks' sole discretion, and unless otherwise agreed to by PowerNotebooks, payment must be received by PowerNotebooks prior to PowerNotebooks' acceptance of an order. Payment for the products will be made by credit card through either Billpoint (http://www.billpoint.com), PayPal (http ://www.paypal.com), cashier's check, money order, personal check, business check, credit card check, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by PowerNotebooks. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. PowerNotebooks may invoice parts of an order separately. Orders are not binding upon PowerNotebooks until accepted by PowerNotebooks. Any quotations given by PowerNotebooks will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

4. Shipping Charges; Taxes.Separate charges for shipping and handling will be shown on PowerNotebooks' invoice(s). Unless Customer provides PowerNotebooks with a valid and correct tax exemption certificate applicable to the product ship-to location prior to PowerNotebooks' acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for PowerNotebooks' franchise taxes and taxes on PowerNotebooks' net income. If applicable, a separate charge for taxes will be shown on PowerNotebooks' invoice.

5. Title; Risk of Loss.Title to products passes from PowerNotebooks to Customer on shipment from PowerNotebooks' facility. Loss or damage that occurs during shipping by a carrier selected by PowerNotebooks is PowerNotebooks' responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

6. Warranties.LIMITED WARRANTIES APPLICABLE TO PowerNotebooks-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS AND CAN ALSO BE LOCATED ON-LINE AT http://www.powernotebooks.com/info/powerpro_warranty.php3. Warranties for Sager Branded Products can be found On-line at http://www.powernotebooks.com/info/sager_warranty.php. PowerNotebooks MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN PowerNotebooks' APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND PowerNotebooks WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON PowerNotebooks' RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.

7. Return Policies. PowerNotebooks systems and parts that are purchased directly from PowerNotebooks by an end-user Customer may be returned by Customer in accordance with PowerNotebooks' "Total Satisfaction Return Policy"in effect on the date of the invoice.

8. Exchanges.From time to time, PowerNotebooks may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with PowerNotebooks' exchange policies in effect on the date of the exchange.

9. Products.PowerNotebooks' policy is one of ongoing product update and revision. PowerNotebooks may revise and discontinue products at any time. PowerNotebooks will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building PowerNotebooks products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.

10. Limitation of Liability.PowerNotebooks DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. PowerNotebooks WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, PowerNotebooks IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

11. 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) AGAINST PowerNotebooks, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "PowerNotebooks") 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), PowerNotebooks' 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 1-877-711-1777). The arbitration will be limited solely to the dispute or controversy between Customer and PowerNotebooks. 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. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.

12. Service and Support.PowerNotebooks endeavors to provide the best customer and technical telephone support in the personal computer industry. For end-user Customers, PowerNotebooks promises that its support people will attempt to handle over the telephone any problem involving PowerNotebooks products. However, PowerNotebooks' support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. PowerNotebooks has no obligation to provide service or support until PowerNotebooks has received full payment for the product or service/support contract for which service or support is requested.

13. Headings.The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.