thanks man, i did get a response from email support, they had me run a cmd file for them to gather info, which included dxdiag, my only reason for posting here and in chat is to maybe find other options while waiting for email responses. i do have 2 other machines i could try it on, maybe i should do that. i also have other machines at the office same as mine, only with 8800 GT instead of 9800GT, i could see if that changes anything as well, to narrow down issues.
man i want to play LOL