Terms and Conditions:
Before we can show you pictures and prices of sold homes, or show you comments on active listings from Taylor Made Agents, our MLS data providers require you to acknowledge that you're considering Taylor Made as your real estate agent.
You have no obligation to work with a Taylor Made Agent to buy or sell a home. You can choose to work with us or not, obviously we’d prefer the former.
- You are entering into a lawful consumer-broker relationship with Taylor Made as defined by applicable state law. You have no obligation to work with Taylor Made and you can terminate your account with Taylor Made any time. Any information you obtain from the Taylor Made website is intended for your personal, non-commercial use.
- You have a bona fide interest in the purchase, sale, or lease of real estate on the Taylor Made website.
- You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
- You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLS's copyright to such data.
- Taylor Made also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access Taylor Made's website for the purposes of verifying compliance with MLS rules and monitoring the display of Participants' listings on Taylor Made's site.
Taylor Made is a licensed real estate broker in the state of Maryland. You agree that you are currently not represented by a licensed real estate broker or agent. If you want to list your home with a Taylor Made Agent, or buy a home with a Taylor Made Agent, then you will need to enter into a listing agreement or buyer agreement to become a Taylor Made Client; these agreements are not covered here.
Clicking on the "Make an Offer" button will merely provide your contact information to Taylor Made, who will then contact you as to whether you would like to enter into a brokerage relationship with Taylor Made, after which Taylor Made may assist you with preparing an offer to purchase real estate. You agree that by providing your contact information to Taylor Made, Taylor Made and/or its affiliates may contact you per paragraph 5 below.
Within the State of Maryland, in the event that the property is currently listed with Taylor Made, Taylor Made will not be able to represent you as a buyer unless you agree to a dual agency representation. Otherwise Taylor Made can work with you as an unrepresented buyer but cannot provide any agency-level services. For more information please read the Maryland Real Estate Commissions Understanding Whom Real Estate Agents Represent found here: https://www.dllr.state.md.us/forms/mrecrearep.pdf
1. Who Can Use the Taylor Made Services
You must be: a) at least the age of majority in the state where you live to use the Sites, and b) a resident of the United States. If you are under 18 years old, do not use the Sites.
2. Intellectual Property Ownership and License
B. Trademarks Taylor Made, the Taylor Made logos and other Taylor Made trademarks, service marks, graphics, and logos used in connection with Taylor Made are trademarks or registered trademarks of Taylor Made in the U.S. and/or other countries. Apple, the Apple logo, iPad, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions. Other trademarks and logos used in connection with Taylor Made may be the trademarks of their respective owners.
C. Data The MLS Data on our Sites is the property of the individual MLSs providing the data. These MLSs have granted Taylor Made the necessary licenses to display the MLS Data on the Sites. Some require us to display certain licensing information about their MLS Data; this information can be found in Section 10 below.
D. Webscraping of Listing & Property Data Is Not Allowed Crawling the Taylor Made.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Taylor Made.
F. Reservation of Rights Except for the limited license granted above, Taylor Made reserves all of its intellectual property rights in the Sites. This Agreement does not grant you any right or license with respect to any trademarks and logos.
G. Information Aggregation Taylor Made is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to Taylor Made from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Taylor Made by sending feedback but it is likely that such information accuracy cannot be corrected by Taylor Made and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the third party listing agent under our terms with the MLSs.
4. Equal Housing Opportunity
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
5. How Taylor Made May Communicate with You
For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about homes you might be interested in), you agree that Taylor Made may communicate with you through the contact information associated with your Taylor Made account or Taylor Made Applications, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). Please review your Account Settings or settings on your mobile device to control what kind of messages you receive from Taylor Made. Taylor Made has no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you can make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making those requests, you authorize Taylor Made to share your personal information including your home search history, favorites and saved searches, with a real estate professional (a Taylor Made Agent or staff member, or a Partner Agent, as defined below). When you make such a request to Taylor Made you are extending an express invitation for Taylor Made, or another appropriate entity or person, to contact you. A Partner Agent is employed by or works with another brokerage, but has teamed up with us to provide Taylor Made-quality service to a wider range of customers. We'll refer you to a Partner Agent in our discretion.
You agree to indemnify Taylor Made and hold Taylor Made harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the Taylor Made sites or using Taylor Made services.
TAYLOR MADE PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TAYLOR MADE DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TAYLOR MADE AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY TAYLOR MADE OR ANYTHING RELATED TO TAYLOR MADE, YOU MAY DEACTIVATE YOUR TAYLOR MADE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. TAYLOR MADE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH TAYLOR MADE TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. TAYLOR MADE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, TAYLOR MADE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. TAYLOR MADE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. TAYLOR MADE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, TAYLOR MADE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
7. Limitation of Liability
8. Dispute Resolution
Any claim or controversy arising out of or relating to the use of the Sites, to the goods or services provided by Taylor Made, or to any acts or omissions for which you may contend Taylor Made is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Garrett County, Maryland. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Taylor Made. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Garrett County, Maryland. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Taylor Made, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Garrett County Maryland. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
9. Additional Legal Terms
A. Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
B. Notices You may contact us at: Taylor Made Deep Creek Sales & Vacations 35 Towne Centre Way McHenry, MD 21541.
C. Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Taylor Made regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Taylor Made services.
E. No Waiver Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
F. No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
G. Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Taylor Made for any third party that assumes our rights and obligations under this Agreement.
10. MLS Agreements and Disclaimers
Disclaimers: Multiple Listing Services and other Data Providers
Taylor Made receives the homes for sale from many listing sources. The following disclaimers apply to listings only from that particular data source.
Metropolitan Regional Information Systems, Inc. (MRIS)
© Metropolitan Regional Information Systems, Inc. All rights reserved. Listings provided by MRIS from various brokers who participate in IDX (Internet Data Exchange). Information deemed reliable but not guaranteed.
Last updated: Aug 2, 2017
(FIND OUT WHERE WV LISTINGS COME FROM)