TERMS AND CONDITIONS
(last updated 5/29/06)

Read Carefully. This Terms of Use Agreement ("Terms of Use" or "Terms and Conditions") applies to use of the ICUBE.us / MYICUBE.com website located at http://www.icube.us or http://www.myicube.com (the "Site"). The Site is the property of Kemplar-ICUBE Inc. ("ICUBE").

ICUBE reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases will be subject to the Terms and Conditions, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, ICUBE grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

1. APPLICATION OF TERMS AND CONDITIONS OF SALE
The following terms and conditions shall govern the sale by ICUBE which named on the invoice that will be provided to Customer for orders for computer systems and/or related products sold by ICube, unless Customer has signed a separate formal purchase agreement with ICUBE

By ordering products on ICube's store (online or offline) or by accepting delivery of the products described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. ICube reserves the right to change these terms and conditions without prior written notice at any time, at ICube's sole discretion.

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3. CONDITIONS OF SALE AND PAYMENT TERM
To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States") (c) be a resident of other country HOWEVER we do not ship to: Egypt, Nigeria, Lithuania, Luxemburg, Ukraine, Yugoslavia, Romania, Bulgaria, and Turkey. Prior to the purchase of any goods or services on our site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable. ICUBE may require further verification during order processing which includes by phone, fax, email. Failure to proof any of the required information above will automatically result on the cancellation of the order with or without further notification.

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4. DISCLAIMER OF WARRANTY FOR ICUBE WEBSITE
We provide our website and its contents on an "AS IS" basis and make no warranty or representation regarding any Product, either express of implied, including the warranty of the merchandise, fitness of a particular purposes, and non infringement, which are hereby expressly disclaimed, unless otherwise statein herein.

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5. ERRORS ON ICUBE WEBSITE
Despite our efforts to ensure that the information on our website is accurate, complete and current, there may be instances when information about a Product contains inaccurate or incomplete data, including data about the Product's price or availability. We make no warranty or guarantee that the information on our website is error-free, complete, or current. We reserve the right to correct errors and/or update the content on our website at any time without notice.

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6. METHODS OF PAYMENT

1. The approved payment methods are by cash, check, money order, wire transfer, PayPal (www.paypal.com), MasterCard, VISA and American Express.
2. For PayPal payments, ICUBE will only ship to a confirmed address of a verified Paypal member.
3. Valid photo ID may be checked and recorded for verification purpose for all Check purchase. All check payments will need to be cleared first before Seller ship the order. A $30 (thirty dollars) penalty fee will be charged for any check returns.
4. Money Order and Wire Transfer are accepted for all orders (domestic/international). All payments need to be cleared before Seller ship the order. Sellers reserve the right to refuse to accept any suspicious money order instrument.
5. Valid photo ID and copy of the card may be checked and recorded for verification purpose.
6. For credit card payment; your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT ICUBE, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify ICUBE of any discrepancies within thirty (30 days) after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. Valid photo ID may be checked and recorded for verification purpose.

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7. TAX, DUTIES AND CUSTOM CLEARANCE

1. ICUBE shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California.
   
2. International customers are responsible for any custom/duty fees applicable to the recipient country. .

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8. NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES
ICUBE shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. ICUBE shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ICUBE.us shall immediately issue a credit to your credit card account in the amount of the charge.

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9. MODIFICATIONS TO PRICES AND BILLING TERMS
ICUBE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

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10. CANCELLATION POLICY
We are unable to refund any online purchase from the time your order is placed (when you click the Submit Order button) until your Product is received by you and returned to us. If you are not completely satisfied with your purchase after receiving your Product, please review our return policy to determine your preferred method of return.

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11. RETURN, EXCHANGE AND REFUND POLICY
All sales are final and no returns are accepted. If you are not completely satisfied with a product, ICUBE will gladly exchange the purchase within 5 days of the sale of the receipt of the product. Before exchanging anything by mail to us, you first must obtain a Return Merchandise Authorization ("RMA") from ICUBE representative. An RMA is valid for 10 days.

11.1 DOA (dead on arrival)

1. Should your product arrive DOA (dead-on-arrival), you may return the item within 3 days for a full REFUND (minus the shipping costs incurred for the return of that item.).
2. Allow 3 days (not including delivery time for mail refunds) from when we accept your returned Product for the processing of your credit.
3. DOA Returns Must be Complete
   • If your DOA return is not complete, it will be rejected by our Returns Warehouse and returned back to you.
   • All returns must include the following:
     1. Original packaging (manufacturer's box, Styrofoam, plastic bags, etc.)
     2. Original intact UPC barcode. Removal of the UPC code for any reason voids any possibility of return regardless of RMA or credit request status.
     3. Valid Return Merchandise Authorization (RMA). See RMA Conditions, below
     4. All accessories (transformers, antennas, remote controls, batteries, software disks, etc.)
     5. Manufacturer documentation (manuals, warranty cards, registration information, etc.)
   • The RMA number must NOT be written on the original manufacturer's packaging or box. Please write the RMA number on the label used to return the item or the brown shipping box. Items received with any writing on the original manufacturer's packaging or box will be refused and returned to you without credit approval.

11.2 Exchanges

1. Customer has 5 (five) days to exchange the non-faulty orders.
2. There will be 20% restocking fee for all exchanges.
3. Merchandise that is not in new condition will not be accepted for exchange; ICUBE reserves the right to determine the condition of the machine.
4. All original packing must be included and, in the case of notebooks, the display screen must be unblemished.
5. Shipping is non-refundable.
6. All exchanges require RMA issued in advance.
7. Exchanges are valid only for product that are the same type (i.e notebook to notebook) or for other products that are equivalent or more in value.
8. The buyer will pay the different in the prices (after adding the restocking fee) and buyer will be responsible for all shipping fees.
9. Merchandise should be returned to ICUBE using 2nd Day/Overnight courier (FedEx, UPS, DHL or Airborne) with insurance.
10. ICUBE is not responsible for damaged goods from the carrier.
11. ICUBE will NOT accept the exchange of any item damaged by the customer, nor will we grant a refund or issue a replacement.
12. We do not ship your replacement order before we receive your return (cross-ship). If you need a replacement sooner than the timeline outlined above, please place a new order on the website, independent of the returns process.

11.3 Wireless Phones

11.4 Refund policy

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12. PRODUCT WARRANTY AND SUPPORT INFORMATION

a. Sub-notebook

Under "ICUBE worldlink satisfaction guarantee":

All sub-notebook products are covered by its original warranty from their respective manufacturers.

For US/Canada customers, in the case the sub-notebook requires a warranty service from Japan manufacturers, ICUBE provides a complimentary shipping to and from Japan through EMS. This FREE shipping valids within the period of 12 months from the date of purchase/invoice.

The complete procedures are as follow:

1. Customer ships the product to ICUBE USA.
   
2. ICUBE USA will ship the product to Japan for FREE.
   
3. ICUBE Japan will deliver the product to the respective service center for the warranty work.
   
4. ICUBE Japan will follow up the status of the warranty work and notify customers for the updated status and for any extra charges if applicable.
   
5. When the warranty works are completed, ICUBE Japan will deliver the product back to the customer for FREE.

For all other customers and/or if the original warranty of the product extends beyond the period of 12 months and the sub-notebook requires a warranty service from Japan manufacturers, ICUBE provides complimentary assistance on ensuring all the warranty works are done.

The complete procedure are as follow:

1. Customer ships the product to ICUBE Japan store. Please note that Customer will need to pre-pay all the shipping charges to and from Japan.
   
2. ICUBE Japan will deliver the product to the respective service center for the warranty work.
   
3. ICUBE Japan will follow up the status of the warranty work and notify customers for the updated status and for any extra charges if applicable.
   
4. When the warranty works are completed, ICUBE Japan will deliver the product back to the customer.

Disclaimer: ICUBE acts only as a conduit to the manufacturer; in any of, but not limited to, the following events, manufacturers will not repair computers free of charge: physical damage, dropping, spillage, electric shock, etc. The manufacturer will act at their own discretion in these matters and ICUBE is not responsible for their decisions. The manufacturer is the final arbiter of all disputes and will charge for all repairs if they deem that any event that voided the warranty had occurred. That said, all the manufacturers that we carry are among the world's largest companies and highly dedicated to providing great service. ICUBE is not responsible for any damages or lost during this warranty work.

b. Other products

All other products are covered by their respective original manufacturer warranty. Please contact their respective service center for any warranty work. For mobile phones, it has 10 days ICUBE warranty.

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13. SHIPPING POLICY

1. By default, all shipments within the United States will be delivered either through DHL Ground/DHL 2nd day/DHL Overnight/USPS Priority/EMS. ICUBE will provide the tracking number as soon as it becomes available.
   
2. For shipment originated from our Japan store, Seller will ship the ordered goods via EMS. Please allow 4-7 business days for the ETA. Seller will provide the tracking number as soon as it becomes available.
   
3. For shipment from all other countries, Seller will ship the ordered goods via DHL/EMS. Please allow 2-10 days for the ETA. Seller will provide the tracking number as soon as it becomes available.
   
4. Customer could request a different shipping method by notifying the Seller in advance. Extra charges might incur if this option is selected. Seller will notify the Customer for the amount of the extra shipping charges and Customer need to pre-pay the charges before Seller could send the ordered goods.
5. All shipments by default are protected up to US$100 value. Additional protections are available at additional cost. It is Buyers' responsibility to notify Seller if additional insurance is required.
6. Seller is not responsible for any lost/damage on all shipments. Buyers are responsible to track the package with the provided tracking number. Buyers are also responsible to obtain/purchase additional insurance to protect their shipment. It is Buyers' responsibility to contact the shipping company (i.e. DHL or USPS) for any shipment issues (i.e. shipment status, delay, lost package or damage)

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14. GOVERNING LAW AND JURISDICTION AND ATTORNEY FEES
The sale of products shall be governed by the laws of the State of California excluding the conflict or choice of law provisions. Venue and jurisdiction for all disputes will lie in exclusively Los Angeles County, California.

In the event litigation shall hereafter be commenced by any party, the prevailing party shall recover all costs and reasonable attorney fees incurred.

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15. PRIVACY

1. We do collect the information given at the time of your order
2. We do provide your information to reputable organizations that help us to fulfill your order. For example, we use companies to verify and process credit card transactions and to deliver packages.
3. We do not rent, sell or exchange your name to third-party companies for their marketing purposes.
4. We may be required to disclose your personal information to third parties if necessary to comply with applicable laws, subpoenas or court orders.

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16. MISCELLANEOUS
We reserve the right to refuse to serve any orders or sales for any reasons.

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