HP Total Advisor Problem - Return? What to buy instead?

I left this message on the PC Utilities Forum at the end of a message about some utilities. Afterwards realized I could use the input of many people in reaching my decision on whether or not to return my new HP dv9410us laptop 2GB RAM, 160 GB HD with Vista.

Please feel free to give advice and also tell me what laptop you would recommend in the same price range ($899-999 before adding MS Office Business or Professional w/Outlook).

My old laptop died due to a liquid spill. I rushed to a shop to have my data on the old hard drive rescued (it was). My new laptop, which was just whatever was new and in the shop and had a large enough screen and a large enough harddrive, is an HP - with the infamous HP Totaled "Care" Advisor (HP Total Care Advisor). From what I've read on CNET and other tech sites, HP has not come up with a fix for the problem code. My laptop has had mysterious crashes already. When I look back I think they happened when I was in Totaled "Care" Advisor doing something like a Health Check or whatever they call it, etc.

It seems to me I should take advantage of the store's 100 cash return policy with NO restock fee w/in 14 days to return this sick piece of plastic and code that would have had a recall declared if it were any other type of commodity than a computer - for example a car or a washing machine.

How is a person supposed to get automatic updates (or the automatic opportunity to turn them down) from the computer manufacturer - updates for graphics cards, drivers, certain pre-installed software, etc. if one has to disable and then remove this advisor program completely and permanently from the computer? Without this program (really a suite of programs) how is one supposed to run that health check...and the battery check...and communicate with HP tech people with ease, etc., etc. - one of the selling points of this machine, a selling point and piece of software which surely added on some bucks to the final price of this laptop?

So, I guess I'm asking for support in making the decision to return an otherwise nice machine in order to wait for two-four weeks to get another Dell (because I can't afford the Lenovo I want and the Acer in the same store the HP came from has a smaller screen and an 80 GB, not a 160GB HD).

It will be painful sending the HP back...but it is the right thing to do, right?

Any suggestions on what makes, models and configurations I should consider buying? Vista...or go back to XP?

Thanks!