The works of authorship contained in this World Wide Web Site are owned by First Preston. These works may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without First Preston’s prior written consent.
Receipt or posting of the notice that a buyer’s bid has been “accepted” does NOT mean, explicitly or implicitly, that First Preston and/or its authorized affiliates or HUD has entered into a binding real estate contract to sell the subject property to a buyer. Receipt of such notice simply acknowledges that a buyer’s bid appears to yield the highest net return to HUD of offers submitted, based on information provided at the time the bid is electronically submitted for the advertised property. A binding contract is still subject to timely receipt of a properly completed and signed HUD Form 9548 and satisfaction of all other necessary HUD preconditions and requirements to a contract for purchase of Real Estate. Contracts are not considered binding until execution and delivery of the contract to the purchaser’s agent by First Preston and/or its authorized affiliates. If required or requested documents are not received in proper form within the timeframe provided (normally 48 hours from request), we reserve the right to deem the offer “non-responsive” and re-list the property for bidding. If there are no other acceptable bids submitted during the advertised period, the property will continue to be advertised for sale.
Further, brokers and buyers are warned that all bids must be legitimate. Fraudulent bids subject all parties, including brokers and buyers, to severe penalties under the law. The bid you enter is fraudulent if you do not have in hand the qualified buyer whose Social Security number will be entered on the bid screen, and who has given you proper earnest money to hold on behalf of HUD. This warning will be repeated, and certification of a good-faith bid will be required, each and every time you enter a bid.
WEBSITE TERMS AND CONDITIONS OF USE:
BINDING AGREEMENT BETWEEN
USER AND FIRST PRESTON MANAGEMENT, INC.
Welcome to First PrestonHT.com. If you use this website, you are bound by this agreement (“Agreement”) to the Terms and Conditions on this page, so please read them carefully. The following Terms and Conditions describe and define your rights, obligations and remedies, as well as those of First Preston Management, Inc. and HomeTelos, LP (“collectively known as First Preston HT”). If you do not agree to and accept these Terms and Conditions, do not use the First Preston HT website. You should review these Terms and Conditions periodically, because First Preston may revise them in whole or in part at any time.
All content on the First Preston HT website, including but not limited to, text, graphics, images, icons, and other material (“material”), is protected by United States and international copyright, trademark and tradedress, and other intellectual property laws. You may not copy or imitate this website or its content without prior written permission from First Preston. You must retain all copyright and other proprietary notices contained in the original material on any copy you make. You do not have permission to print, copy, reproduce, display, distribute, transmit, upload, download, store, alter, modify, or otherwise use the material in any way for any public or commercial purpose. You agree not to frame or facilitate framing of any of the web pages contained in the First Preston HT website without prior written consent from First Preston. You may not use the material on any other website or in a networked computer environment. Unauthorized use of any material may violate copyright, trademark, and other laws.
The following are trademarks or service marks of First Preston Management, Inc:
New choices in real estate…SM
Because every house should be a home…SM
Accelerated internet marketing and management systems…SM
Getting America’s Homeownership Back on the Road …TM
You may not hyperlink any other internet site with any page in the First Preston HT site without prior written permission from First Preston. First Preston does not endorse and does not control third party sites linked to this site and therefore has no responsibility for the content or any other aspect of those sites. First Preston does not represent or guarantee that the content of any third party site linked directly or indirectly to the First Preston HT site is legal, accurate, or free from computer viruses or other codes that could harm your computer or computer-related equipment.
THE MATERIAL ON THE WEBSITE IS SUPPLIED TO YOU “AS IS” AND ” AS AVAILABLE.” FIRST PRESTON MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL. FIRST PRESTON DOES NOT GUARANTEE ANY PARTICULAR RESULTS WILL BE OBTAINED FROM YOUR USE OF THE WEBSITE MATERIAL. FIRST PRESTON DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, THE WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MATERIAL AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. USE OF THE WEBSITE AND THE MATERIAL IS AT YOUR OWN RISK.
First Preston makes periodic changes to this site, and may do so at any time and without prior notice. First Preston does not warrant that the website will operate error-free or that the website and its server are free of computer viruses and other harmful features. If your use of the website or the Material results in the need for servicing or replacing equipment or data, First Preston is not responsible for those costs.
IN NO EVENT SHALL FIRST PRESTON OR ANY THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, FAILURE OF PERFORMANCE, ERROR, OMISSION, DEFECT, DELETION, DELAY, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIRST PRESTON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All software that is made available for downloading from the website (” software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated “Legal Notice” accompanying such software (“License Agreement”). You may not download or use such software unless you agree to be bound by the terms of the License Agreement.
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for First Preston to you for all claims from the use of the Material (including Software) is limited to $100.
This website is based in Dallas, TX. First Preston makes no claims that the material is appropriate or that it may be legally downloaded outside the United States. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree not to export or re-export the material (including Software) to countries or persons to whom such export is prohibited under the United States export control laws. By downloading the material (including Software), you are warranting that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the material.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or Software License or Material on the First Preston HT website, this Agreement constitutes the entire Agreement between you and First Preston with respect to the use of the website. Any changes to this Agreement must be made in writing, signed by an authorized representative of First Preston.
This Agreement, and any controversy or claim arising out of or relating to this Agreement and/or from your use of this website shall be governed exclusively by Texas law, excluding any laws that direct the application of another jurisdiction’s laws. Any controversy or claim arising out of or relating to this Agreement and/or from your use of this website shall be resolved exclusively by arbitration in Texas in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of issuance of execution for its collection. All such controversies, claims or disputes shall be resolved in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the bringing of an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement.