POLICY AND AGREEMENT

Price, specifications and terms of offers are subject to change without notice. ATAK Interactive, Inc. is not responsible for typographical and/or photographical errors. Retail products are accompanied by the original manufacturer warranty. ATAK Interactive, Inc. does not offer any technical support or sales advice. Customer pays return shipping charges for all RMA services. ATAK Interactive, Inc. reserves the right to refuse service to anyone.

• Visa
• Mastercard
• PayPal
• ATAK Interactive, Inc. Preferred Account
• ATAK Interactive, Inc. Gift Certificate
• Pre-paid company check, personal check, cashier's check or money order (Note: Pre-paid methods, including cashier's checks, take slightly longer to process because all payments must first clear with the bank due to the risk of fraudulent checks.)
• No Purchase Orders, Fax or C.O.D. orders please. Please accept our apologies but we do not accept international credit cards at this time.

• FedEx Express Saver - 3 to 4 business days + 24-48 hours to process the order.
• FedEx 2Day - Delivery within 2 business days + 24-48 hours to process the order.
• UPS Ground - 5 to 7 business days + 24-48 hours to process the order.
• ATAK Interactive, Inc. Preferred Account
• AUPS 3Day - 3 business days + 24-48 hours to process the order.
• UPS 2Day - 2 business days + 24-48 hours to process the order.
• No Purchase Orders, Fax or C.O.D. orders please. Please accept our apologies but we do not accept international credit cards at this time.
• Orders shipped to PR will have a 6.6% duty tax applied and a $5.00 handling surcharge. PR orders will default to FedEx's International Economy shipping method and shoppers will be charged accordingly at checkout. FedEx only offers 2Day service to HI and AK. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2Day and you will subsequently be charged accordingly.
• All orders require 24-48 hours processing time before shipping.
• ATAK Interactive, Inc. does not process orders during weekends.
• No deliveries will be made on Saturday or Sunday.
• ATAK Interactive, Inc. does not guarantee same day shipping.
• ATAK Interactive, Inc. does not offer International/Canadian shipping options at this time.
• All orders shipped within CA will be charged sales tax.
• Exact delivery times to HI, AK and PR cannot be guaranteed.

ATAK Interactive, Inc. does not price match competitors but will honor our advertised prices but may consider upon customer inquiry. For your convenience, all of our most current pricing is listed on our web site and updated in real-time. Prices are generally non-negotiable.

ATAK Interactive, Inc. does not cross-ship CPUs under any circumstance. All other items may be cross-shipped if the following criteria is met:
1. The customer first agrees to purchase the replacement item.
2. The same make/model item is in stock. Return shipping costs are the sole responsibility of the customer. Return shipping is a service paid to a shipping courier so they will transport your authorized return to ATAK Interactive, Inc.
Under no circumstance will ATAK Interactive, Inc. cross-ship merchandise beyond 30 days from the original invoice date.

Gifts
ATAK Interactive, Inc. offers complimentary customer appreciation gifts with the purchase of selected merchandise. On the product page of qualified merchandise, choose your preferred Customer Appreciation Gift via radio button and click the item's Add to Cart button. Both the product and the gift item will be added to your cart, and the advertised discount will be applied on the Order Confirmation screen. And, in case you forget to add a gift to your cart, an intermediary page will be promoted to provide you with a second chance. Gift offers valid only while supplies last.

Combo Specials
Combo Specials are offered by ATAK Interactive, Inc. as a way of purchasing two items together at a discounted price. To take advantage of a listed Combo Special, select the desired Combo Special from the individual item listing and click Add to Cart. Both items will be added to your shopping cart, and the advertised discount will be applied on the Order Confirmation screen. And, in case you forget to add a Combo Special to your cart, an intermediary page will be promoted to provide you with a second chance. Only one of each Combo Special can be purchased per order. Offers valid only while supplies of both items last. If you attempt to purchase multiple units of a Combo Special, be advised that items with a mail-in rebate will yield only one redeemable rebate offer (per the manufacturer's "limit one per household" provision). ATAK Interactive, Inc. cannot guarantee the compatibility of combo items. Please contact the manufacturer(s) directly if you have issues or concerns regarding compatibility.

* Please note that an item advertised as "free" in a combo special may still incur a shipping charge.

Bundle Specials
Bundle Specials are offered to ATAK Interactive, Inc. shoppers as a way to purchase multiple items together at a discounted price. Only one of each Bundle Special can be purchased per order. Offers valid only while supplies of all items within the bundle last. If you attempt to purchase multiple units of a Bundle Special, be advised that items with a mail-in rebate will yield only one redeemable rebate offer (per the manufacturer's "limit one per household" provision). ATAK Interactive, Inc. cannot guarantee the compatibility of bundle items. Please contact the manufacturer(s) directly if you have issues or concerns regarding compatibility.

If you wish to return a Bundle Special for a refund, you must return the ENTIRE BUNDLE within 30 days of the original invoice date. Note that a 15% restocking fee will be applied. Components within a Bundle Special may be returned for repair / replacement only. Individual items within a bundle may only be returned for repair / replacement if an RMA number is acquired within the standard return period.

Product Tour
The product resources offered in Product Tour are provided courtesy of their respective developers. As such, ATAK Interactive, Inc. is not responsible in any way for the accuracy of claims, representations or suggestions made in these materials. Similarly, all compatibility or technical issues should be directed to the appropriate developer or manufacturer. These resources are provided on an "as is" basis by ATAK Interactive, Inc. as a supplementary service to you, the user. We offer these resources to you strictly for informative purposes as they may lend valuable insight into products you are interested in and clarify any associated benefits.

Promo Codes
ATAK Interactive, Inc. will sometimes furnish an alphanumeric code that can be used for promotions on our web site. These promotional codes may be found in print and/or online advertisements, sent via email to our Newsletter and/or Promotion subscribers, presented on the ATAK Interactive, Inc. web site or circulated at events and through other means. Some of the specials offered by entering a Promo Code during checkout include free shipping, volume discounts, free gifts or complimentary Rush Order processing. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off your next purchase, you would need to spend more than $10.00 to redeem your discount.

Mail-in Rebates
For your convenience, ATAK Interactive, Inc. does its best to advertise any current rebates on our web site. Any use of these rebates is limited to the terms and conditions specified by the product manufacturer. If you have any questions regarding rebate terms and conditions, please contact the manufacturer directly.

Sales Tax
Sales tax is only required for orders shipping within our resident states of business. Therefore all orders shipping within California will be charged applicable sales tax according to your area's tax rate.

Duty Tax
Orders shipped to PR will have a 6.6% duty tax applied and a $5.00 handling surcharge. PR orders will default to FedEx's International Economy shipping method and shoppers will be charged accordingly at checkout. FedEx only offers 2Day or overnight services to HI and AK. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2Day and you will subsequently be charged accordingly. Exact delivery times to PR cannot be guaranteed.

Electronic Waste Recycling Act
The Electronic Waste Recycling Act ("Act") became law in California on January 1, 2005. The primary objective of this law is to initiate a recycling program for computer products containing chemicals deemed hazardous to the environment. To fund this program, California requires retailers and e-tailers to collect, on the state's behalf, a fee for each product covered by this law. The fee is paid by the consumer at the time of purchase of the covered product. This fee will be remitted directly to the state by us and only applies to orders shipped within California.

The types of products that we are required to collect this recycling fee include cathode ray tubes, cathode ray tube devices, flat panel screens, and other similar video display devices. The actual amount of the recycling fee will vary, based on the screen size of the product when measured diagonally, as follows:

• Greater than 4" and less than 15" -- $6.00
• Greater than or equal to 15" and less than 35" -- $8.00
• Greater than or equal to 35" -- $10.00

For more information concerning the scope and details of the Act, please refer to the California Integrated Waste Management Board's website at http://www.ciwmb.ca.gov/Electronics/Act2003 or to the Department of Toxic Substances Control's website at http://www.dtsc.ca.gov/HazardousWaste/CRTs/SB20.html.

Product Testing
ATAK Interactive, Inc., like other e-tailers, ships items in the condition they were received from the original manufacturer/distributor. ATAK Interactive, Inc. does not conduct product testing before shipping any merchandise.

"Must Be Purchased With Hardware"
The "must be purchased with hardware" precept is mandated by the software publisher. In accordance, ATAK Interactive, Inc. customers must purchase some type of product which falls under the general category of computer hardware in order to purchase applicable software. Hardware is classified as any component that will be used when assembling a computer system (a hard drive, motherboard, processor and a floppy drive are all examples of merchandise that will qualify). There is no specific or set price the hardware has to be, merely that there is some sort of eligible hardware present in the order itself.

Money Back Guarantee/Refund Policy
All merchandise, unless otherwise indicated, may be returned within 30 days from the original invoice date for a refund. CPUs must be returned within 7 days from the invoice date for a refund. A return authorization number is required for all returns. A 15% restocking fee may apply. Additional deductions may be made for CPU returns to reflect the current market value. These terms apply to all refunds. Most products are shipped with a refund/replacement guarantee period unless otherwise noted in the product listing. Customers must inform ATAK Interactive, Inc. of any order discrepancy within 7 days from the invoice date so that we may investigate and resolve the situation accordingly.

ATAK Interactive, Inc. SATISFACTION GUARANTEE - ATAK Interactive, Inc. offers our customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:

• 7-day replacement or refund guarantee on all CPUs, including Open Box processors. All other Open Box merchandise has a 15-day warranty period.
• For CPUs, the base cost will reflect the current market value, and the 15% restocking fee will be applied after this adjustment.
• Downloadable software is refundable within 15 days of the original invoice date. ATAK Interactive, Inc. will confirm that the product has not been downloaded and, upon verification, the customer will be issued a letter of destruction. Once he/she agrees to the terms stipulated in the letter, ATAK Interactive, Inc. will issue a Return Merchandise Authorization number for the refund amount.
• DVDs are non-refundable but may be exchanged for a functional version of the same film by using the pre-paid shipping label packaged with your order.

Software Return Policy
Retail Software may only be returned for refund within 30 days of the invoice date if the packaging is unopened and untampered with. Opened retail software cannot be returned for refund. If you have opened a retail software purchase to discover a damaged and/or defective disc, you may exchange the software for an identical replacement by contacting ATAK Interactive, Inc. Customer Service at service@ATAKInteractive.com and acquiring an RMA number. All OEM software including the operating system is 100% non-refundable once purchased and delivered. OEM versions are intended for system builders only and cannot be transferred to another PC once it is installed. Purchasers of this software are required to comply with the terms of the System Builder License, including responsibility for providing all end-user support. ATAK Interactive, Inc. is not responsible for system/software incompatibility, and incompatibility issues do not qualify software as damaged or defective. Customers are encouraged to contact the respective software publisher for answers to technical questions, such as minimum system requirements, prior to purchase.

DVD Return Policy
DVDs are non-refundable but may be exchanged within 30-days of the invoice date for a functional version of the same film by using the shipping label packaged with your order. If you have any questions or concerns, please contact us for help.

Oversize Television Policy
Televisions 24 inches and larger cannot be returned to ATAK Interactive, Inc. for refund or replacement service. Therefore, you are urged to carefully examine the box your television ships in before signing for the package. Should you observe any damage to the shipping box, or if the wrong product was sent, you must refuse delivery while the shipping courier is still on the premises. The item will be returned to ATAK Interactive, Inc. and you will be refunded the full amount, including applicable shipping costs and tax.

If you determine upon inspection that the condition of the shipping box is satisfactory, an adult is required to sign the shipping courier's release form to complete delivery. By signing this release, you are acknowledging and agreeing to ATAK Interactive, Inc.'s Terms and Conditions, understanding that you cannot return the television to ATAK Interactive, Inc. and that the condition of the delivery meets your expectations. After delivery, please read all included documentation and/or contact the manufacturer directly to determine applicable warranty coverage.

Physical Damage Policy
Physical damage to any product purchased at ATAK Interactive, Inc. will effectively void warranty coverage. Improper Installation of CPU fans and/or improper clocking may cause CPUs to chip. CPUs that are chipped, burnt or have bent pins are considered physically damaged and cannot be returned for refund or replacement. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage. ATAK Interactive, Inc. encounters bent pins regularly when inspecting physically damaged CPUs. Forcing a processor into position will not solve an installation problem and may consequently void any applicable warranty coverage. Intel and AMD will not accept physically damaged processors back from ATAK Interactive, Inc. As a result, ATAK Interactive, Inc. will return any physically damaged CPU back to the customer at the customer's expense.

Restocking Fee
A 15% restocking fee will be applied to all returns for refund. Shipping charges are non-refundable. No refunds after 30 days.

Technical Support
ATAK Interactive, Inc. does not offer any sort of technical assistance. We cannot offer advice on compatibility of items, make product recommendations, provide technical support, or provide sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at ATAK Interactive, Inc.

Processing Time
You can expect your order to be processed within approximately 24-48 hours, provided the items are in stock and there are no problems with payment verification. ATAK Interactive, Inc. does not guarantee same day-shipping. Orders are not processed on weekends and holidays.

Rush processing
ATAK Interactive, Inc. will rush process your order for an additional fee provided that the following conditions are met:

• Order is submitted before 12 noon PST.
• Your transaction and credit card authorization is successfully completed before 12:30PM PST.
• Your shipping address matches your credit card billing address (i.e. No alternate ship to address).
• Rush Processing does NOT apply to Pre-Paid Check orders.

Rush Processing Disclaimer: : IN ALL CIRCUMSTANCES, ATAK INTERACTIVE, INC.'S MAXIMUM LIABILITY IS LIMITED TO THIS RUSH ORDER FEE ONLY. WHILE ATAK INTERACTIVE, INC. CANNOT GUARANTEE SAME DAY SHIPMENT FOR ALL ORDERS, ATAK INTERACTIVE, INC. WILL PUT FORTH ITS BEST EFFORT TO SHIP ALL RUSH PROCESSING ORDERS THE SAME BUSINESS DAY IF THE ABOVE CONDITIONS ARE MET. OTHERWISE, YOUR $2.99 RUSH PROCESSING FEE WILL BE REFUNDED.

Pre-orders
Click the Pre-order button in the item description and checkout as you normally would. A Sales Order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your pre-ordered DVD or software is in stock and ready to ship. If you purchase an in-stock item with a pre-order item, you will be charged accordingly for the available product and the difference when your pre-ordered item is in stock and ready for shipment. In this instance, two Sales Order numbers will be issued; one for the in-stock merchandise and one for the pre-ordered merchandise. You will be kept up-to-date via our website and through standard Order Status emails to your account.

Back-orders
ATAK Interactive, Inc. does not sell backordered merchandise. We will never purposely charge a customer for an item that we do not physically have in stock at the time of purchase. Occasional inventory discrepancies may occur due to inaccurate inventory counts or possibly because the last few items on our shelves are damaged and/or not in a condition that we can in good faith sell to a customer. In that instance we will refund your credit/debit card for the item, along with any applicable tax fees and shipping charges. An automated email will also be sent to your ATAK Interactive, Inc. login to alert you of the situation.

Order status
ATAK Interactive, Inc. will keep you informed of your order status via e-mail. All tracking information will be emailed to your ATAK Interactive, Inc. ID once your order has shipped (except when an APO/FPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on our website.

Security
Security is our number one priority. All on-line transactions are sent through our secure server and encrypted with 128-bit technology. Once we receive your information through the internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level security.

Privacy
ATAK Interactive, Inc. respects your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our web site will be used for processing purposes only. The only e-mails you will receive from ATAK Interactive, Inc. are updates to any recent orders and/or returns.

Safe Shopping Guarantee
Fair Credit Billing Act: We guarantee that every online transaction you make will be 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at our online store. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Change orders
You may request a change to your order provided the order has not already been charged to your account. Please call 1.818.232.7977 during ATAK Interactive, Inc.'s hours of operation to request a change to your order. Please have your sales order (SO) or customer number ready for better assistance. We strongly discourage sending change order requests via email because it is unlikely we will receive the message in time to make an adjustment due to the sheer volume of emails we receive each day.

Cancel orders
You may request than an order be cancelled provided the order has not already been processed and shipped. Simply call 1.818.232.7977 during ATAK Interactive, Inc.'s hours of operation to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 1-2 business days. We strongly discourage sending order cancellation requests via email because it is unlikely we will receive the message in time to void the order due to the sheer volume of emails we receive each day.

Resellers
Unfortunately, we do not currently have a reseller or discount program available at this time. ATAK Interactive, Inc. currently already negotiates the best possible price for you, and offers these great discounts to all of our customers through our web site. Anytime we receive any specials or promotions, we will immediately post them on our web site for you to take advantage.

• Tax: All customers outside of California will not be charged any tax. Therefore, there is no need to fax or set up any reseller tax exemption form.

Volume discounts
ATAK Interactive, Inc. does not have a reseller or discount program available at this time. We work hard to negotiate the best values on the Internet and offer these tremendous values to all of our customers via our website. The entire inventory shown online is live, posted in real-time, and accessible 24/7/365. We also do our best to advertise any specials, promotions or rebates for our customers' benefit.

Product listings
ATAK Interactive, Inc. strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, ATAK Interactive, Inc. shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from ATAK Interactive, Inc. are provided as resources to customers looking for additional information and/or professional opinion. ATAK Interactive, Inc. does not assume responsibility for the claims and/or representations made on these or any other websites.

Product Revisions
ATAK Interactive, Inc. is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, ATAK Interactive, Inc. puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. ATAK Interactive, Inc. relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, ATAK Interactive, Inc. will not be held responsible for product revision changes.

Product reviews
All review submissions are subject to moderation by ATAK Interactive, Inc. Please follow our submission guidelines. ATAK Interactive, Inc. moderates all review submissions to ensure that only reviews that offer helpful insight are published.*

What to include in your submission:

• Experiences with a fully-functional product leading to perceived pros and cons
• Thoughts about the product's feature-set as you've experienced it

What NOT to include in your submission:

• Profanity, obscenity and other offensive language
• Single-word reviews
• Non product-specific reviews
• Any mention of ATAK Interactive, Inc.'s competitors by name
• URLs, specific pricing, and specific availability (or other time-sensitive information)
• Experiences with a DOA, defective, damaged or otherwise semi-functional product**
• Reviews that criticize the brand or reseller without a majority of the review offering product-specific insight

ATAK Interactive, Inc. reserves the right to accept or reject any review in its sole and absolute own discretion

DOA's (Dead On Arrival) are an unavoidable aspect of any business model that involves direct shipment to customers. Please understand that ATAK Interactive, Inc. ships only products it assumes to be functional and that any defective product you may have received was either damaged in transit or was anomalous.

Service Net Extended Warranty Warranties
ATAK Interactive, Inc. has partnered with Service Net to provide repair and replacement service by expert technicians. Service Net is a national service network with thousands of technicians across North America that can provide convenient, fast on-site service. Services are fully transferable, even upon relocation or change in product ownership. Service Net Product Replacement Plans eliminate out-of-pocket repair costs. Service Net guarantees to pay 100% of the purchase price minus sales tax for covered items retailing for less than $499.99. Each plan covers the product for one full year. Upon replacement, the plan is fulfilled. There are no deductibles, hidden charges or prorating. With a Replacement Plan, Service Net replaces your product free of charge.

ATAK Interactive, Inc. Purchase Agreement
By accepting delivery of any product delivered from ATAK Interactive, Inc. ("ATAK Interactive, Inc."), you ("Customer") agree to be bound by the terms and conditions listed below. You and ATAK Interactive, Inc. agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and ATAK Interactive, Inc.. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from ATAK Interactive, Inc.

1. ATAK INTERACTIVE, INC. SATISFACTION GUARANTEE
ATAK Interactive, Inc. offers our customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:

• 7-day refund/replacement guarantee on Retail, OEM and Open Box processors. All other Open Box merchandise has a 15-day warranty period. All refunds on processors will be subjected to a 15% restocking fee to reflect the current market value.
• Downloadable software has no physical assets. A letter of destruction with confirmation from software developer/manufacturer that the product has not been downloaded is required within 15-days for refund approval.
• DVDs are non-refundable and may be exchanged within 30-days of the invoice date for the same item only through Baker and Taylor via a shipping label included with their original delivery.
• If you wish to return a Bundle Special for a refund, you must return the ENTIRE BUNDLE within 30 days of purchase. Note that a 15% restocking fee will be applied. Components within a Bundle Special may be returned for repair/replacement only. Individual items may only be returned for repair/replacement if an RMA number is acquired within the Return Policy period.
• Manufacturer Kits are different than bundles as they are arranged by the brand/manufacturer and will only have one item number. Warranty guidelines have yet to be stipulated.

To take advantage of ATAK Interactive, Inc.'s satisfaction guarantee, the customer must comply with the Product Return Procedure detailed below. Any breach of ATAK Interactive, Inc.'s Return Policy Procedure will result in the loss of ATAK Interactive, Inc.'s refund/replacement guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.

• To return a product in compliance with ATAK Interactive, Inc.'s satisfaction guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Please call to acquire an RMA number. All RMA requests must be filed online. ATAK Interactive, Inc. will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by ATAK Interactive, Inc. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
• Customer is solely responsible for shipping any returned product to ATAK Interactive, Inc. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, ATAK Interactive, Inc.'s Return Procedure will be breached and ATAK Interactive, Inc. may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).
• ATAK Interactive, Inc. will not refund to Customer the original shipping charges. In addition, ATAK Interactive, Inc. will assess a 15% restocking fee against the Customer's account on all returns for refund.

2. WARRANTIES; ALL PRODUCTS SOLD "AS-IS" OR "WITH ALL FAULTS"
ATAK INTERACTIVE, INC. IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY ATAK INTERACTIVE, INC. ARE NOT MANUFACTURED BY ATAK INTERACTIVE, INC. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). ATAK INTERACTIVE, INC. ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. ATAK INTERACTIVE, INC. MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. ATAK INTERACTIVE, INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

ALL ITEMS SOLD THROUGH ATAK INTERACTIVE, INC. ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR ATAK INTERACTIVE, INC., ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

3. YEAR 2000 POLICY
Customer's only recourse for any "Year 2000" issue is against the applicable manufacturer under its manufacturer warranty. Please contact the manufacturer to determine warranty coverage for "Year 2000" compliance problems. ATAK Interactive, Inc. DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO "YEAR 2000" COMPLIANCE OF ANY PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARICULAR PURPOSE.

4. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES ATAK INTERACTIVE, INC.'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. ATAK INTERACTIVE, INC. SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. ATAK INTERACTIVE, INC. SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT ATAK INTERACTIVE, INC. HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

5. GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon ATAK Interactive, Inc. until it is accepted; ATAK Interactive, Inc. must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with ATAK Interactive, Inc.. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Shipping Charges
Your total cost for purchase of any product will include shipping and handling charges shown on the ATAK Interactive, Inc. invoice.

Title; Risk of Loss
ATAK Interactive, Inc. will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. ATAK Interactive, Inc. reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow ATAK Interactive, Inc. to sign appropriate documents on Customer's behalf to permit ATAK Interactive, Inc. to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. ATAK Interactive, Inc. will advise Customer of estimated shipping dates, but ATAK Interactive, Inc. will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between ATAK Interactive, Inc. and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. ATAK Interactive, Inc. and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against ATAK Interactive, Inc. that is more than one year after the date of the applicable invoice.

Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.

Waiver
styled The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement
These terms and conditions, together with ATAK Interactive, Inc.'s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between ATAK Interactive, Inc. and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between ATAK Interactive, Inc. and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.