By using our services‚ you are agreeing to the terms below. Please read them carefully and click the ACCEPT button at the bottom of this page. You will be directed to our Tax Foreclosure Sale Map.
Perdue Brandon Fielder Collins and Mott‚ LLP’s Warranties and Disclaimers
We provide our Services using a reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS‚ PERDUE BRANDON DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE‚ WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES‚ THE SPECIFIC FUNCTIONS OF THE SERVICES‚ OR THEIR RELIABILITY‚ AVAILABILITY‚ OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES‚ LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY‚ FITNESS FOR A PARTICULAR PURPOSE AND NON–INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW‚ WE EXCLUDE ALL WARRANTIES.
THIS WEBSITE AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. PERDUE BRANDON‚ ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES‚ WHETHER EXPRESS OR IMPLIED‚ INCLUDING THE WARRANTIES THAT THE WEBSITE AND MATERIALS ARE FREE OF DEFECTS‚ VIRUS FREE‚ AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS‚ THAT THEY WILL MEET YOUR REQUIREMENTS‚ OR THAT ERRORS WILL BE CORRECTED‚ AND THE IMPLIED WARRANTIES THAT THE WEBSITE AND MATERIALS ARE MERCHANTABLE‚ OF SATISFACTORY QUALITY‚ ACCURATE‚ FIT FOR A PARTICULAR PURPOSE OR NEED‚ OR NON–INFRINGING‚ UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY PERDUE BRANDON‚ ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS WEBSITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES‚ SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Your use of the website and Materials is at YOUR OWN RISK and Perdue Brandon is under no obligation to provide you with any support‚ error corrections‚ updates‚ upgrades‚ bug fixes and/or enhancements of the website and Materials. Please note that the Materials may include technical inaccuracies or typographical errors. Any documents‚ pictures‚ or other information available on the Services are for informational purposes only‚ and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice‚ including legal advice‚ to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate. Perdue Brandon has the right at any time to change‚ modify‚ add to or discontinue or retire any aspect or feature of the website or Materials‚ including‚ but not limited to‚ the software‚ content‚ hours of availability‚ equipment needed for access or use‚ or the availability of the website or Materials on any particular device or communications service. Perdue Brandon has no obligation to provide you with notice of any such changes.
You understand and acknowledge that the information provided through the Services is subject to change. You should check back frequently for updated information as to the properties and/or mortgage notes available‚ marketing or transaction events‚ times and locations‚ relevant terms‚ and other matters which may be made available by us or our clients.
You understand and acknowledge that you are capable of evaluating the merits and risks of purchasing a property using the Services‚ and are able to bear any such risks. You also acknowledge that you have consulted with‚ had the opportunity to consult with‚ or waive the right to consult with‚ legal and tax professionals relating to the legal and tax consequences in connection with the Services.
You use the Services at your own risk and what you see is what you get. There are many parts of the Services that we do not control or assume responsibility for. For example‚ we don’t check the accuracy of content on the Service‚ so use it at your own risk. In particular‚ YOU are responsible for performing your own diligence on properties marketed on the Services and you agree not to rely solely on the information available on the Services in making decision about these properties.
Liability for our Services
WHEN PERMITTED BY LAW‚ PERDUE BRANDON WILL NOT BE RESPONSIBLE FOR LOST PROFITS‚ REVENUES‚ OR DATA‚ FINANCIAL LOSSES OR INDIRECT‚ SPECIAL‚ CONSEQUENTIAL‚ EXEMPLARY‚ OR PUNITIVE DAMAGES.
ADDITIONALLY‚ UNDER NO CIRCUMSTANCES SHALL THE PERDUE BRANDON BE HELD RESPONSIBLE OR LIABLE‚ DIRECTLY OR INDIRECTLY‚ FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT‚ GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SITES LINKED TO OR FROM THIS WEBSITE.
TO THE EXTENT PERMITTED BY LAW‚ THE TOTAL LIABILITY OF PERDUE BRANDON FOR ANY CLAIMS UNDER THESE TERMS‚ INCLUDING FOR ANY IMPLIED WARRANTIES‚ IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.
IN ALL CASES‚ PERDUE BRANDON WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOESN’T FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES.
Business uses of our Services
If you are using our Services on behalf of a business‚ that business accepts these terms. It will hold harmless and indemnify Perdue Brandon and its affiliates‚ officers‚ agents‚ and employees from any claim‚ suit or action arising from or related to the use of the Services or violation of these terms‚ including any liability or expense arising from claims‚ losses‚ damages‚ suits‚ judgments‚ litigation costs and attorneys’ fees.
No duty to monitor or retain data
We are not liable for Content provided by to you on this website. We have no duty to monitor or pre–screen Content. We reserve the right to remove Content for any reason‚ but we are not responsible for any failure or delay in removing such material. Perdue Brandon is not and will not be responsible for lost or missing data or Content on this website.
License to and Limitations on Use of Maps‚ Directions‚ Cartographic Technology and Content Information
Code of Conduct
To the extent you are authorized to access‚ display or otherwise use any Materials outside of any Perdue Brandon website‚ you may not use such Materials with other content or in a manner that:
• is unlawful‚ threatening‚ abusive‚ harassing‚ defamatory‚ libelous‚ deceptive‚ fraudulent‚ invasive of another’s privacy‚ tortious‚ or contains explicit or graphic descriptions‚ or accounts of‚ sexual acts;
• victimizes‚ harasses‚ degrades‚ or intimidates an individual or group of individuals on the basis of religion‚ gender‚ sexual orientation‚ race‚ ethnicity‚ age‚ or disability;
• impersonates any person‚ business or entity‚ including Perdue Brandon‚ its affiliated companies‚ and their employees and agents;
• encourages conduct that would constitute a criminal offense‚ or that gives rise to civil liability;
• removes‚ alters‚ reproduces‚ distorts‚ or in any way obstructs any trademark‚ logo‚ copyright or other proprietary notices‚ legends‚ symbols or labels provided as part of the Materials or Perdue Brandon’s website;
• uses the Materials or Perdue Brandon’s website for any purpose other than as expressly permitted;
• interferes or disrupts the Perdue Brandon’s servers or networks‚ or disobeys any network access or security requirements‚ policies‚ procedures or regulations of Perdue Brandon;
• interferes with the rights of others to use the Materials or Perdue Brandon website;
• uses the Materials or Perdue Brandon website as a means to engage in conduct that reflects poorly upon‚ disparages or devalues Perdue Brandon’s reputation or goodwill‚ as determined in Perdue Brandon’s sole discretion; or
• uses the Materials or Perdue Brandon website in conjunction with adult content or promotes illegal activities‚ gambling‚ or the sale of tobacco or alcohol to persons under twenty–one (21) years of age.
About these Terms
We may modify these terms or any additional terms that apply to a Service to‚ for example‚ reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However‚ changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service‚ you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms‚ the additional terms will control for that conflict.
These terms control the relationship between Perdue Brandon and you. They do not create any third party beneficiary rights.
If you do not comply with these terms‚ and we don’t take action right away‚ this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable‚ this will not affect any other terms.
You acknowledge that these Terms‚ any other policies or terms incorporated herein‚ either in their entirety or by explicit reference‚ and any other terms and conditions on the Services‚ constitute the entire agreement between you and us and govern your use of the Services. Texas law governs use of the Services and will be applied in any legal action or arbitration involving use of the Services.
Using Third–Party Apps and Services
Claims of Copyright Infringement
Perdue Brandon respects the intellectual property rights of others‚ and asks that everyone using its Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Perdue Brandon in accordance with Title 17‚ United States Code‚ Section 512(c)(2)‚ by providing the following information:
a. Identification of the copyrighted work that you claim has been infringed;
b. Identification of the material that you claim is infringing and needs to be removed‚ including a description of where it is located on the Services so that the copyright agent can locate it;
c. Your address‚ telephone number‚ and‚ if available‚ e–mail address‚ so that the copyright agent may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner‚ its agent‚ or the law; and‚ under penalty of perjury‚ that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
If relating to content on Perdue Brandon website(s)
By mail: Perdue Brandon Fielder Collins and Mott‚ LLP
1235 North Loop West‚ Suite 600
Houston‚ Texas 77008
Attention: Michael Darlow
By e–mail: Click here
Binding Arbitration and Class Action Waiver If You Live In (or If a Business Your Principal Place of Business Is In) the United States.
Perdue Brandon Fielder Collins and Mott‚ LLP hopes it never has a dispute‚ but if it does‚ you and it agrees to try for 60 days to resolve any issue informally. If you and it can’t‚ you and it agree to binding individual arbitration under the Texas General Arbitration Act (“TAA”)‚ and if not appropriate or applicable‚ under the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”)‚ and not to sue in court in front of a judge or jury. Instead‚ a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the TAA‚ and if appropriate‚ the FAA. Class action lawsuits‚ class–wide arbitrations‚ private attorney–general actions‚ and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We‚” “our‚” and “us” includes Perdue Brandon Fielder Collins and Mott‚ LLP.
a. Disputes Covered–Everything Except IP. The term “dispute” is as broad is it can be. It includes any claim or controversy between you and us concerning the Services‚ the software related to the Services‚ the Services’ or these Terms‚ under any legal theory including contract‚ warranty‚ tort‚ statute‚ or regulation‚ except disputes relating to the enforcement or validity of your‚ your licensors’‚ our‚ or our licensors’ intellectual property rights.
b. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it‚ send a Notice of Dispute by U.S. Mail to Perdue Brandon‚ ATTN: Michael Darlow‚ 1235 North Loop West‚ Suite 600 Houston‚ Texas 77008, U.S.A. Tell us your name‚ address‚ how to contact you‚ what the problem is‚ and what you want. After 60 days‚ you or we may start an arbitration if the dispute is unresolved.
c. Small Claims Court Option. Instead of mailing a Notice of Dispute‚ you may sue us in small claims court in accordance with the Choice of Law and Forum clause contained in these Use of Terms‚ if you meet the court’s requirements. We hope you’ll mail a Notice of Dispute and give us 60 days to try to work it out‚ but you don’t have to before going to small claims court.
d. Arbitration Procedure. The rules and procedures of the arbitration shall be governed by the TAA‚ and if not applicable/appropriate/enforceable‚ or if preempted by the FAA‚ then it shall be governed by the FAA.
e. Arbitration Fees and Payments.
i. Disputes Involving More than $50‚000 under the TAA‚ and $75‚000 under the FAA. The TAA rules will govern‚ or if applicable the AAA rules will govern payment of filing fees and the TAA’s‚ or if applicable the AAA’s‚ and arbitrator’s fees and expenses.
ii. Disputes Involving Any Amount. If you start an arbitration‚ we won’t seek our TAA or AAA or arbitrator’s fees and expenses‚ unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. If we start an arbitration‚ we will pay all filing‚ TAA‚ or if applicable AAA‚ and arbitrator’s fees and expenses. Fees and expenses are not counted in determining how much a dispute involves.
f. Conflict with TAA‚ or if applicable‚ AAA Rules. These Terms govern to the extent they conflict with the TAA’s‚ or the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
g. Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. Otherwise‚ it’s permanently barred.
h. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute‚ then those parts won’t be arbitrated but will proceed in court‚ with the rest proceeding in arbitration. If any other provision of this agreement is found to be illegal or unenforceable‚ that provision will be severed but the rest of the agreement still applies.
Choice of Law and Forum