Terms of Service

Company: Alpene ("Alpene," "we," "us")

Applies to: public website, client/vendor Portal, and related communications.

Order of precedence: If you sign an MSA/SOW/Engagement Letter with us, that agreement controls and overrides these Terms in case of conflict.

1) Acceptance

By accessing the site or Portal, you agree to these Terms and our Privacy Policy. If you use the Portal on behalf of an entity, you represent you're authorized to bind that entity.

2) Our Role (What We Are / Are Not)

We are a specialized coordinator/consultant for privacy-first real-estate acquisitions and post-close shielding.

  • We are not a law firm and do not provide legal advice. We work with your attorney.
  • We are not a real-estate brokerage/agency and do not act as your broker or agent. Any brokerage services are performed by duly licensed third parties engaged by you.
  • We are not a tax, investment, or accounting adviser. You should rely on your professional advisers for those matters.

3) Services

High-level services may include: privacy architecture (entity/trust coordination with counsel), vendor and title choreography, diligence coordination, operational shielding (mail, utilities, insurance, management), and secure document workflows. Services are defined in an MSA/SOW/Engagement Letter (if any). We may refuse or suspend services for compliance, risk, or conflict reasons.

4) Client Responsibilities

You (and your delegates) will:

  • provide accurate information;
  • designate decision-makers;
  • retain and direct licensed counsel and, if needed, licensed brokers;
  • review and approve documents; and
  • maintain security of Portal credentials and second factors.

You are responsible for your vendors and for complying with applicable law.

5) Counterparties & Third Parties

We coordinate with title/escrow, underwriters, lenders, trustees/RAs, insurers, managers, utilities, notaries, and other vendors you (or your counsel) approve. We are not responsible for their services, delays, or errors.

6) Compliance

We operate on a lawful-by-design basis. We will not participate in illegal conduct, nominee shams, sanctions evasion, record tampering, or similar. We may request KYC/IDV or other compliance checks where required by counterparties or law (e.g., FinCEN real-estate rules).

7) No Guarantee; Constraints

We do not guarantee anonymity, financing, underwriting, title outcomes, timing, or deal availability. Public-record practices vary by jurisdiction; lenders and underwriters set their own requirements.

8) Fees & Billing

If not otherwise agreed in an MSA/SOW: consulting/services are billed as quoted; retainers may be required; out-of-pocket costs (e.g., filings, couriers, registered agents, notaries) are your responsibility. Past-due balances may pause Portal access or services.

9) Portal Access & Security

Portal access is invitation-only and may require access codes, magic links, OTP/2FA. You must keep credentials confidential. We use short-TTL links and audit logs, but no system is perfectly secure. If you suspect compromise, notify us immediately at ops@alpenecompany.com.

10) Confidentiality; Privilege with Counsel

We treat your non-public information as confidential and use it only to deliver services or comply with law. When engaged through or at the direction of your counsel, we support reasonable steps to preserve attorney-client privilege/work product where applicable; we are not your lawyers and provide no legal opinions.

11) Content & IP

We own the Portal, processes, templates, and materials we develop (excluding your documents/data). We grant you a limited license to use deliverables internally for your mandate. You grant us a limited license to use materials you supply for the engagement.

12) Acceptable Use

Do not misuse the site/Portal (e.g., attempt to bypass security, scrape, reverse engineer, or upload malware). Do not use our services for illegal purposes.

13) Disclaimers (Services "As-Is")

To the fullest extent permitted by law, services and the Portal are provided "as is" and "as available." We disclaim all warranties not expressly stated—merchantability, fitness, non-infringement, uninterrupted operation, or error-free results.

14) Limitation of Liability

To the maximum extent permitted by law:

  • No indirect or consequential damages. We are not liable for lost profits, lost business, or similar.
  • Aggregate cap: Our total liability for all claims arising out of or relating to the Terms, the site, the Portal, or any pre-contract interactions is capped at the greater of (a) fees you paid to us for the service giving rise to the claim in the 3 months before the event or (b) USD $10,000.

These limits do not apply to amounts finally awarded for our willful misconduct or to your payment obligations.

15) Indemnity

You will defend and indemnify Alpene and its members/employees against third-party claims arising from (a) your misuse of the Portal; (b) your breach of these Terms or applicable law; or (c) materials you provide, except to the extent caused by our willful misconduct.

16) Suspension/Termination

We may suspend or terminate access for security, non-payment, compliance risk, or breach. You may stop using the Portal at any time. Sections that by nature should survive (confidentiality, IP, disclaimers, limits, indemnity, governing law) do survive.

17) Governing Law; Disputes

Governing Law: Colorado law, without regard to conflicts rules.

Arbitration: Any dispute not resolved informally will be resolved by confidential, binding arbitration (e.g., JAMS or AAA) in Denver, Colorado, with one arbitrator, no class actions, and limited discovery. The award may be entered in any court of competent jurisdiction. You and Ink waive jury trial and class proceedings.

18) Notices

Legal notices to Alpene: ops@alpenecompany.com. Notices to you: the email and addresses you provide. Electronic communications satisfy legal notice requirements where permitted.

19) Changes

We may update these Terms; material changes will be posted and (for Portal users) announced in-Portal or via email. Continued use after the effective date signifies acceptance.

20) Miscellaneous

No partnership, agency, or joint venture is created. You may not assign without our consent; we may assign to a successor. If a term is unenforceable, the rest remain in effect. This is the entire agreement regarding site/Portal use (subject to any MSA/SOW).