Effective Date: July 1, 2026 Last Updated: July 1, 2026
These Terms of Use (“Terms”) govern your access to and use of Homeswithmold.com (the “Site”), operated by KTS Ventures, LLC (“we,” “us,” or “our”). The Site provides listings and historical information about residential properties, including records related to toxic mold, water damage, remediation, and other environmental disclosures (“Property History Data”).
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
1. Eligibility
You must be at least 18 years old to create an account or use certain features of the Site. By using the Site, you represent that you meet this requirement and have the legal capacity to enter into these Terms.
2. Description of Services
The Site aggregates and displays information about residential properties, including:
- Publicly available records (e.g., health department filings, environmental reports, court records)
- Data submitted by third parties (e.g., inspectors, remediation companies, real estate agents)
- Information submitted by users
- General property listing details (address, photos, price, agent contact information)
The Site is intended to help users research property history. It is not a substitute for a professional home inspection, environmental assessment, or legal advice.
3. No Warranty on Property History Data
3.1 Accuracy Disclaimer
We make reasonable efforts to compile accurate and current information, but we do not guarantee the accuracy, completeness, timeliness, or reliability of any Property History Data, including mold history, remediation records, or disclosure information. Property history may be:
- Incomplete due to gaps in public records
- Based on third-party submissions we cannot independently verify
- Outdated if remediation or changes occurred after our last data update
3.2 No Substitute for Professional Inspection
Property History Data is provided for informational purposes only. Before purchasing, leasing, or making any decision regarding a property, you should obtain an independent professional inspection, environmental testing, and legal review. Do not rely solely on information from this Site when making real estate or health-related decisions.
3.3 “AS IS” Basis
THE SITE AND ALL PROPERTY HISTORY DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
4. User Accounts
- You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
- You agree to provide accurate, current, and complete information when registering.
- We reserve the right to suspend or terminate accounts that violate these Terms or provide false information.
5. User-Submitted Content
If you submit content to the Site (e.g., property history records, inspection reports, mold remediation documentation, reviews, or comments), you:
- Represent that you have the right to submit such content and that it is accurate to the best of your knowledge
- Grant us a non-exclusive, royalty-free, worldwide, transferable license to use, display, reproduce, and distribute the content in connection with operating the Site
- Understand that we may review, edit, refuse to post, or remove any submitted content at our discretion
- Agree not to submit false, defamatory, misleading, or fraudulent information about any property or individual
We are not obligated to verify user-submitted content and disclaim liability for inaccuracies in such submissions.
6. Prohibited Conduct
You agree not to:
- Submit false or knowingly misleading property history information
- Use the Site to harass, defame, or harm any individual, homeowner, or business
- Scrape, data-mine, or use automated means to extract data from the Site without our written permission
- Attempt to gain unauthorized access to the Site, other users’ accounts, or our systems
- Use the Site for any unlawful purpose, including housing discrimination in violation of the Fair Housing Act or similar laws
- Misrepresent your identity or affiliation
- Upload viruses, malware, or other harmful code
- Reverse-engineer, decompile, or attempt to extract source code from the Site
7. Real Estate Professionals and Listings
If you are a real estate agent, broker, or property owner posting listings:
- You represent that you have the legal authority to list the property and disclose associated information
- You are solely responsible for complying with all applicable real estate disclosure laws in your jurisdiction
- You agree that any mold history or remediation information you provide is accurate to the best of your knowledge
8. Fair Housing Compliance
The Site and its users must comply with the Fair Housing Act and all applicable state and local fair housing laws. Property History Data must not be used to discriminate against any individual or group based on race, color, religion, sex, national origin, familial status, disability, or any other protected characteristic.
9. Intellectual Property
All content on the Site, including text, graphics, logos, design, compilations of Property History Data, and software, is owned by or licensed to us and protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from the Site’s content without our prior written consent, except for personal, non-commercial use.
10. Third-Party Links and Data Sources
The Site may include links to third-party websites (e.g., government agencies, inspection companies) or incorporate data from third-party sources. We do not control and are not responsible for the content, accuracy, or practices of third-party sites or data providers.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KTS VENTURES, LLC AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM:
- Your use of or inability to use the Site
- Reliance on any Property History Data, including inaccurate or incomplete mold history information
- Any real estate transaction decision made based on information obtained from the Site
- Unauthorized access to or alteration of your data
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless KTS Ventures, LLC and its officers, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:
- Your violation of these Terms
- Content you submit to the Site
- Your use of the Site in violation of any law or third-party right
13. Termination
We reserve the right to suspend or terminate your access to the Site at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to other users, us, or third parties.
14. Dispute Resolution and Arbitration
14.1 Informal Resolution
Before filing a claim, you agree to contact us at hello@homeswithmold.com to attempt to resolve the dispute informally.
14.2 Binding Arbitration
Any dispute arising from these Terms or your use of the Site shall be resolved through binding arbitration administered by arbitration organization of choice in accordance with its rules, rather than in court, except that either party may bring an individual claim in small claims court.
14.3 Class Action Waiver
You agree that disputes will be resolved on an individual basis only, and you waive any right to participate in a class action or class-wide arbitration.
14.4 Governing Law
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles.
15. Changes to These Terms
We may modify these Terms at any time. Material changes will be posted on the Site with an updated “Last Updated” date, and continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
16. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and KTS Ventures, LLC regarding use of the Site and supersede any prior agreements.
18. Contact Us
If you have questions about these Terms, please contact us at:
KTS Ventures, LLC | PO Box 595 Westminster, CO 80030 | hello@homeswithmold.com