User Agreement


Welcome to PFA's User Agreement. This Agreement  describes  the  terms  and  conditions
applicable  to  your  use  of  our  services  at We may amend this
Agreement at any time by posting the amended terms on our site. Except as stated below,
all amended terms shall automatically be effective 30 days  after  they  are  initially
posted  on  our  site.  This Agreement may not be otherwise amended except in a writing
signed by you and PFA. This agreement is effective on January 1, 2002.

  1. Membership Eligibility.
     Our  services  are  available  only  to  individuals  who can form legally binding
     contracts under applicable law. Without limiting the foregoing, our  services  are
     not  available  to minors or to temporarily or indefinitely suspended PFA members.
     If you do not qualify, please do not use our services. Further, your  PFA  account
     and Username may not be transferred or sold to another party. 

  2. Fees and Services.
     Joining,  bidding  on  items and selling items at PFA is free. We may however, ask
     you for a donation once you have successfully sold an item on PFA. We  may  change
     our  Fees  and  Credits  Policy and the fees for our services at a later time. Our
     changes to the policy are effective after we provide you with  at  least  fourteen
     (14)  days'  notice  of  the changes by announcing the changes on PFF's (Pennock's
     Fiero Forum's) Announcements section, also located at

  3. PFA is Only a Venue.
     3.1 Online  Auctions.  Although  PFA is referred to as an online auction web site,
         it is important to  realize  that  we  are  not  a  traditional  "auctioneer".
         Instead,  our  site  acts  as  a venue to allow anyone to offer, sell, and buy
         Fiero related products, or products of interest to  the  Fiero  community,  at
         anytime,  from anywhere. We are not involved in the actual transaction between
         buyers and sellers. As a result, we have no control over the  quality,  safety
         or  legality  of  the items advertised, the truth or accuracy of the listings,
         the ability of sellers to sell items or the ability of buyers to buy items. We
         cannot ensure that a buyer or seller will actually complete a transaction.
     3.2 Safe  Trading.  Because  user authentication on the Internet is difficult, PFA
         cannot and does not confirm each user's purported identity. Thus, we encourage
         you  to communicate directly with potential trading partners through the tools
         available on our Site. You may also wish  to  consider  using  a  third  party
         escrow service or services that provide additional user verification.
     3.3 Release.  Because we are not involved in the actual transaction between buyers
         and sellers, in the event that you have a dispute with one or more users,  you
         release  PFA (and our officers, directors, agents, subsidiaries and employees)
         from claims, demands and damages (actual and consequential) of every kind  and
         nature,   known   and   unknown,  suspected  and  unsuspected,  disclosed  and
         undisclosed, arising out of or in any way connected with such disputes. If you
         are  a California resident, you waive California Civil Code 1542, which says:
         "A general release does not extend to claims which the creditor does not  know
         or  suspect  to exist in his favor at the time of executing the release, which
         if known by him must have materially affected his settlement with the debtor." 
     3.4 Information Control. We do not control the information provided by other users
         which is made  available  through  our  system.  You  may  find  other  user's
         information  to  be  offensive,  harmful, inaccurate, or deceptive. Please use
         caution, common sense, and practice safe trading when using our  site.  Please
         note  that  there  are  also  risks of dealing with underage persons or people
         acting under false pretense. Additionally, there may  also  be  risks  dealing
         with international trade and foreign nationals.

  4. Bidding and Buying.
     You  are  obligated  to  complete  the  transaction with the seller if you are the
     highest bidder as described below. If you are the highest bidder at the end of  an
     auction  (meeting the applicable minimum bid or reserve requirements) and your bid
     is accepted by the seller, you are obligated to complete the transaction with  the
     seller  unless  the  transaction  is  prohibited  by  law or by this Agreement. By
     bidding on an item you agree to be bound by the conditions of sale included in the
     item's  description  so  long  as those conditions of sale are not in violation of
     this Agreement or  unlawful.  Bids  are  not  retractable  except  in  exceptional
     circumstances  such  as  when the seller materially changes the item's description
     after you bid, a clear typographical error is made, or you cannot authenticate the
     seller's identity. If you choose to bid on mature audience items or items that are
     restricted to adult use, you are certifying that  you  have  the  legal  right  to
     purchase such items. 

  5. Listing and Selling.
     5.1 Listing Description. You must be legally able to sell the item(s) you list for
         sale on our Site. You must describe your item and all terms  of  sale  on  the
         listing  page  of  our Site. Your listings may only include text descriptions,
         graphics, pictures and other content relevant to the sale of  that  item.  All
         listed  items  must  be listed in an appropriate category. At any one time you
         may not promote identical items in more than ten (10) listings on our site.
     5.2 Binding Bids. If  you receive at least one bid at or above your stated minimum
         price (or in the case of reserve auctions, at or above the reserve price), you
         are obligated to complete the transaction with the  highest  bidder  upon  the
         auction's  completion,  unless  there is an exceptional circumstance, such as:
         (a) the buyer fails to meet  the  terms  of  your  listing  (such  as  payment
         method), or (b) you cannot authenticate the buyer's identity.
     5.3 Fraud.  Without limiting any other remedies, PFA may suspend or terminate your
         account if we suspect that you (by conviction, settlement, insurance or escrow
         investigation, or otherwise) have engaged in fraudulent activity in connection
         with our site. 
     5.4 Manipulation. Neither you, bidders nor sellers may manipulate the price of any
         item nor may you interfere with other user's listings or auctions. 

  6. Your Information. 
     6.1 Definition. "Your Information" is defined as any information you provide to us
         or other users in the registration, bidding or listing process, in any  public
         message  area  (including  PFF)  or  through any email feature. You are solely
         responsible for Your Information, and we act as a  passive  conduit  for  your
         online distribution and publication of Your Information. 
     6.2 Restrictions.  Your Information (or any items listed): (a) shall not be false,
         inaccurate or misleading; (b) shall not be fraudulent or involve the  sale  of
         counterfeit  or  stolen  items;  (c)  shall  not  infringe  any  third party's
         copyright, patent, trademark, trade secret  or  other  proprietary  rights  or
         rights  of  publicity  or  privacy;  (d)  shall  not violate any law, statute,
         ordinance or regulation (including, but not limited to, those governing export
         control,  consumer protection, unfair competition, antidiscrimination or false
         advertising);   (e)  shall  not  be  defamatory,  trade  libelous,  unlawfully
         threatening or unlawfully harassing; (f) shall not be obscene or contain child
         pornography  or,  if  otherwise adult in nature or harmful to minors, shall be
         distributed only to people legally permitted  to  receive  such  content;  (g)
         shall  not  contain any viruses, Trojan horses, worms, time bombs, cancelbots,
         easter  eggs  or  other  computer  programming  routines  that   may   damage,
         detrimentally  interfere  with,  surreptitiously  intercept or expropriate any
         system, data or personal information; (h) shall not create liability for us or
         cause us to lose (in whole or in part) the  services  of  our  ISPs  or  other
         suppliers;  and  (i)  shall  not  link  directly  or  indirectly to or include
         descriptions of goods  or  services  that:  (aa)  are  prohibited  under  this
         Agreement;  (bb)  are identical to other items you have up for auction but are
         priced lower than  your  item's  reserve  or  minimum  bid  amount;  (cc)  are
         concurrently  listed  for  sale  on a web site other than PFA's (this does not
         prevent linking to or advertising a PFA item from another web site);  or  (dd)
         you  do  not have a right to link to or include. Furthermore, you may not list
         any item on our site (or consummate any transaction that was  initiated  using
         our  service)  that  could  cause  us  to violate any applicable law, statute,
         ordinance or regulation.
     6.3 License.  Solely  to  enable PFA to use the information you supply us with, so
         that we are not violating any rights you might have in that  information,  you
         agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-
         free, sublicensable (through multiple tiers) right to exercise the  copyright,
         publicity,  and  database  rights  (but  no  other  rights)  you  have in Your
         Information, in any media now known or not currently known,  with  respect  to
         Your Information. PFA will only use Your Information in  accordance  with  our
         Privacy Policy.

  7. Access and Interference. 
     Our  web site contains robot exclusion headers and you agree that you will not use
     any robot, spider, other automatic device, or manual process to  monitor  or  copy
     our  web pages or the content contained herein without our prior expressed written
     permission. You agree that you will not use any device,  software  or  routine  to
     bypass  our  robot exclusion headers, or to interfere or attempt to interfere with
     the proper working of the PFA site or any auction being conducted on our site. You
     agree that  you  will  not  take  any  action  that  imposes  an  unreasonable  or
     disproportionately  large  load  on our infrastructure. Much of the information on
     our site is updated on a real time basis and is proprietary or is licensed to  PFA
     by our users or third parties. You agree that you will not copy, reproduce, alter,
     modify, create derivative works, or publicly display any content (except for  Your
     Information)  from  our  website without the prior expressed written permission of
     PFA or the appropriate third party. 

  8. Breach.
     Without  limiting  other remedies, we may immediately issue a warning, temporarily
     suspend, indefinitely suspend or terminate your membership and refuse  to  provide
     our  services  to  you:  (a)  if  you  breach  this  Agreement or the documents it
     incorporates by reference; (b) if we are unable  to  verify  or  authenticate  any
     information  you  provide  to us; or (c) if we believe that your actions may cause
     legal liability for you, our users or us.

  9. No Warranty.
     FOR A PARTICULAR PURPOSE AND  NON-INFRINGEMENT.  Some  states  do  not  allow  the
     disclaimer  of  implied  warranties,  so the foregoing disclaimer may not apply to
     you. This warranty gives you specific legal rights and you  may  also  have  other
     legal rights that vary from state to state. 

 10. Liability Limit.

 11. Indemnity.
     You agree to indemnify and hold us and (as applicable) our  parent,  subsidiaries,
     affiliates, officers, directors, agents, and employees, harmless from any claim or
     demand, including reasonable attorneys' fees, made by any third party  due  to  or
     arising  out  of your breach of this Agreement or the documents it incorporates by
     reference, or your violation of any law or the rights of a third party. 

 12. Legal Compliance.
     You  shall  comply  with all applicable domestic and international laws, statutes,
     ordinances and regulations regarding your use of our service and your bidding  on,
     listing, purchase, solicitation of offers to purchase, and sale of items. 

 13. No Agency.
     You  and  PFA  are  independent  contractors,  and  no  agency, partnership, joint
     venture,  employee-employer  or  franchiser-franchisee relationship is intended or
     created by this Agreement. 

 14. General.
     We  do  not  guarantee continuous, uninterrupted or secure access to our services,
     and operation of our site may be interfered with by numerous  factors  outside  of
     our  control.  If  any  provision  of  this  Agreement  is  held  to be invalid or
     unenforceable, such provision shall be struck and the remaining  provisions  shall
     be  enforced. You agree that this Agreement and all incorporated agreements may be
     automatically assigned by PFA, in our sole discretion, to a  third  party  in  the
     event  of a merger or acquisition. Headings are for reference purposes only and in
     no way define, limit, construe or describe the scope or extent  of  such  section.
     Our  failure  to  act with respect to a breach by you or others does not waive our
     right to act with respect to subsequent or similar breaches. This  Agreement  sets
     forth  the  entire  understanding  and  agreement  between  us with respect to the
     subject matter hereof. Sections 3.3 (Release), 6.3 (License)  and  7  (Access  and
     Interference),  10  (Liability  Limit)  and  11  (Indemnity)  shall  survive   any
     termination or expiration of this Agreement.

For any additional information, you may contact us by email