Legal notice
Important Legal Information and Terms of Use
Website Terms and Conditions
Please read the following Important Legal Information and Terms of Use (the “Terms of Use”) prior to using this website. By using or otherwise accessing this website you agree to the terms, conditions, policies and restrictions governing the use of this website, which thus constitute a legal agreement between you and MPowered Capital, LLC (“MPowered”). MPowered may change, suspend or discontinue any aspect of this website at any time, including the availability of any feature, database or content therein. MPowered may also modify these Terms of Use with or without notice to you, and such modified Terms of Use shall be effective immediately upon posting. If you do not agree to abide by these terms and conditions, do not use this website. Your continued use of this website following the posting of any changes to the terms of use constitutes acceptance of such changes.
You must abide by any and all terms of use and policies posted on this website.
No Solicitation or Investment Advice
MPowered is a relying adviser of Värde Management, L.P. under the U.S. Investment Advisers Act of 1940, as amended.
The purpose of this website (including any portion of this website available only to investors) is limited to providing you with general information on MPowered’s services and philosophy. MPowered does not render or offer to render investment advice through this website. Nothing on this website constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied upon in connection with, any contract or commitment whatsoever. Nothing on this website constitutes or forms any offer, or any invitation to engage in any services of MPowered.
MPowered may only transact business, offer services or render investment advice in those jurisdictions where one or more of the MPowered entities are registered and/or have made the appropriate notice filing with such jurisdiction’s regulatory authority, or where MPowered is otherwise excluded or exempted from such jurisdiction’s registration and/or notice filing requirements.
Limited Right of Use/Ownership of Contents
The contents of this website are intended for the personal, noncommercial use of its users. All materials published on this website (the “Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned and controlled by MPowered or a party credited as the provider of such Content. Except as specifically set forth in these Terms of Use (or to the extent permission is mandated by applicable law), you may not reproduce, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit any of the Content or software forming part of this website in whole or in part.
MPowered reserves the right to terminate at any time, and without notice, any users’ access to this website.
Disclaimers, Limitation of Liability and Indemnification
MPowered hereby disclaims all warranties, conditions and representations of any kind with regard to this website, including any implied warranties or conditions of satisfactory quality, merchantability, non-infringement of third-party rights, freedom from viruses or other harmful code, or fitness for a particular purpose.
This website and the information contained herein are provided “as is.” The information contained on this website is gathered from sources deemed to be reliable; however, MPowered does not warrant the accuracy, adequacy or completeness of the information and material contained on this website as of the viewing date and expressly disclaims liability for errors or omissions in such information and materials. MPowered does not make any commitment to update any material or information on this website.
MPowered is not liable for any consequential, incidental, special, punitive or exemplary damages or any loss of profits arising out of any use of, or inability to use, this website or any portion thereof, regardless of whether MPowered has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.
By accessing and/or using this website, you agree to indemnify, defend and hold MPowered and its respective officers, directors, partners, employees, members, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including without limitation reasonable attorney’s fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of a breach by you of these Terms of Use or the representations, warranties and covenants deemed made by you hereunder. You agree to cooperate as fully as reasonably required in the defense of any claim. MPowered reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties, or requires any of the Indemnified Parties to take any action, without MPowered’s prior written approval.
There may be legal requirements in various countries and jurisdictions which may restrict the information that can be accessed. Persons who obtain information from this website should inform themselves about and observe any restrictions imposed in the jurisdiction in which this website is accessed.
Submitted Materials
Unless specifically requested, MPowered does not solicit, nor does MPowered wish to receive, any confidential, secret or proprietary information or other material from you through this website, by e-mail, through the “Contact Us” feature, or in any other way. Any materials submitted or sent on or through this website in any manner (collectively, “Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use. By submitting Submitted Materials on this website, you: (i) represent and warrant that you either own your Submitted Materials, or that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to this website; and (ii) you grant MPowered a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use such material (in whole or part) in any manner and/or to incorporate it (in whole or in part) in other works (including, without limitation, this website), products or services in any form, media, or technology now known or later developed. MPowered is not obligated to review any Submitted Materials. MPowered cannot be responsible for maintaining any Submitted Material you provide to this website, and we may delete or destroy any such Submitted Material at any time.
User Conduct
Without limitation of the other terms and conditions set forth herein, while accessing or using this website, the Content and/or the various other features available on this website, you agree that you shall not:
impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from this website or MPowered;
use, redistribute, republish or exploit any part of this website or any Content for any commercial or promotional purposes;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through this website through any means, including through means not intentionally made publicly available or provided for through this website;
engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on this website, or obtaining lists of users or other information from or through this website including, without limitation, any information residing on any server or database connected to this website;
use this website, the Content or its features and services in any manner that could interrupt, damage, disable, overburden or impair this website or interfere with any other party’s use and enjoyment of this website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
use this website or the Content (including by submitting Submitted Materials) to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
disclose any sensitive, proprietary or confidential information, about yourself or anyone else;
attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this website;
or use this website or its services (or any Content), in whole or in part, or submit any information to this website, in violation of any applicable law, rule or regulation.
Hyperlink Policy
Certain places on this website may include live ‘links’ to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions or organizations independent of MPowered. MPowered does not endorse, approve, certify, or control these external Internet websites and does not guarantee or assume responsibility for the accuracy, completeness, efficacy or timeliness of information located at such websites, nor does MPowered warrant that such websites are free from claims of copyright, trademark, or other infringement of the rights of third parties or that such websites or content are devoid of viruses or other contamination. Use of any information obtained from such websites is voluntary, and at such user’s own risk, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by MPowered. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through such other sites.
Copyright and Trademarks
Copyright 2021 MPowered. All Rights Reserved. MPowered Capital, the MPowered logo, and all derivatives thereof, are trademarks and/or service marks of MPowered and may not be used without the express written consent of MPowered. All other marks are property of their respective owners. Any copying of information or documents published on this website without prior written approval from MPowered is strictly prohibited.
Miscellaneous
These Terms of Use constitute the entire agreement between you and MPowered and govern your use of this website and any services offered through this website. This agreement supersedes any prior terms of use or other agreements concerning the subject matter hereof between you and MPowered.
These Terms of Use and the relationship between you and MPowered shall be governed by, and construed and enforced in accordance with, the laws of the State of Minnesota without regard to its conflict of law provisions that might cause the application of the laws of another jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Minnesota for the resolution of any disputes arising out of or relating to these Terms of Use or this website.
The failure by MPowered to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and conditions of these Terms of Use shall remain in full force and effect.
MPowered Website Privacy Policy
MPowered Capital, LLC (“MPowered,” “Company,” “we,” “us” or “our”), values your privacy rights. Please take a moment to review our policies and practices described below. By visiting our website, you consent to these policies and practices. If you do not consent to the terms below, please do not continue to use the website.
What Information Do We Collect?
We collect your IP address when you access this website.
We may collect certain personally identifiable information (“PII”) about you if you contact us through an e-mail address listed on our website and submit such information. For example, we may collect your name, company name, address, city, state, zip/postal code, country, e-mail address, phone number, fax number, and any other information that you choose to provide to us in your subject line and message. If you send us your resume, we naturally receive the information you include in your resume.
Registered users may access a non-publicly available section of our website that requires entry of a username and password. We collect that username and password both when you register and whenever you enter it in order to access the non-publicly available section of our website.
We collect general information about you when you visit our website, such as whether you have accessed the page before and the time of your last visit. We accomplish this through a cookie placed on your computer (see below for a description of how cookies function). Further, if you log into the non-publicly available section of our website, we separately track your navigation within that section of our website through the use of an additional cookie.
We may also receive PII about you from third parties who collect PII from you and pass it on to us. For example, (i) where we are conducting due diligence on potential investment opportunities; and (ii) where we conduct verification or anti-money laundering checks on prospective investors or where we receive contact details and other PII from intermediaries. Furthermore, your employer may provide us with your PII for use in connection with services that we provide to our clients. In such cases, the relevant third party is responsible for ensuring that you have been informed that your PII has been shared with us and for ensuring that they have a right to share it, but once we are holding your PII, we will only handle it in accordance with this policy.
Some of this PII is collected and processed to enable us to enter into a contract with you, some for the purpose of legal compliance and some for the purposes of our legitimate business interests (being to carry out and improve our business, support our clients and staff, as well as analyze the use of our website).
How Is Your Information Used?
We consider the PII we collect from you to be confidential. If you submit your e-mail address or other PII to us via our website by requesting information or contacting someone at the Company, we will use this information only to the extent necessary to respond to your request(s) and as discussed below.
As is the case with many websites, our servers automatically collect your IP address when you visit our website, and we may associate that address with your domain name or that of your Internet access provider. We may also capture certain “clickstream data” pertaining to your usage of the MPowered website. Clickstream data includes, for example, information about your computer or device, Web browser and operating system and their settings, the referring page that linked you to the MPowered website, the pages, content or ads you see or click on during your visit and when and for how long you do so, items you download, the next Web site you visit when you leave the MPowered website, and any search terms you have entered on the MPowered website or a referral website.
Certain federal and state laws or regulations may require us to share information about you. For example, if you are involved in a legal matter with a third party, we may be ordered to provide information to a court or other party. Similarly, applicable regulators may request information concerning fund investors. In these circumstances, only specific information will be shared when we believe in good faith that disclosure is necessary to protect our rights or property, protect your safety or the safety of others, investigate fraud or respond to a government, judicial or other legal request, or to comply with the law. We may also use or disclose your information as permitted by law to collect debts, detect and prevent fraudulent activity, or protect the rights or property of the Company, our clients and investors, our website, its users, or third parties, or when we otherwise believe in good faith that the law requires it.
How Do We Use Cookies?
When you access our website (www.mpoweredcapital.com), we may use technologies such as cookies to learn about your visit. A cookie is a piece of information that is sent to your browser from a web server and stored on your computer’s hard drive. Cookies help us to provide you with a good experience when you browse the website and help us to analyse web traffic and identify which pages of our website are being used.
A cookie in no way gives us access to your computer, nor will they be used to identify you by name. Cookies do not allow us to collect information about you, other than information about how you use the website and the personal information you choose to share with us (including personal information you automatically share with us by way of your browser settings).
When you access our website from within the European Union you may see a message banner on our website which describes the types of cookies we use, what information they might collect and which also requests that you indicate your consent to us using those cookies by ticking a box. You can decide if and how your computer will accept cookies by choosing whether to tick this box, however if you choose to not tick this box (thereby declining cookies), some of the functionality of our website might be impaired. If you are accessing the website from outside the European Union you may choose whether to accept cookies from our website by configuring the preferences option within your web browser.
In particular, we use the following cookies:
Strictly necessary cookies: These cookies are essential in order to enable you to move around the website and use its features.
Performance cookies: There cookies collect information about how visitors use our Website, for instance which pages visitors go to most often and if they get error messages from these pages. These cookies doesn’t collect information that identifies a visitor; all information these cookies collect is aggregated and therefore anonymous. It is only used to improve how our website works
Functionality cookies: These cookies allow our website to remember choices you make (such as your language or the region you are in) and provide more enhanced personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of the website that you can customise. The information these cookies collect is anonymised and they cannot track your browsing activities on other websites.
Cookies may be deployed by us and/or by our service providers or partners on our behalf. Cookies enable us to assign a unique number to you, and relate your website usage information to other information about you, including personal information you choose to share with us. They also enable us to recognize you when you access the MPowered website using different Web browsers and different computers or devices.
We may match information collected from you through different means or at different times, including both personal information and website usage information, and use such information along with information obtained from other sources (including third parties) such as demographic information and updated contact information.
We utilize Google Analytics for our website analytics. If you would prefer not to have your data used in this way, you can find out how to opt out via the Google website here: https://tools.google.com/dlpage/gaoptout.
If you would like further information more generally about cookies, you can find it by visiting the website “All About Cookies” here.
To What Third Parties Do We Disclose Your Personally Identifiable Information?
To provide necessary business services to an investor’s account, we may disclose information to outside service providers. These service providers work at MPowered’s direction and only the PII necessary for them to perform their functions is shared. They are required to safeguard your information and only use it for authorized purposes. We might also disclose your PII to other third parties as described in this Privacy Policy under “How Is Your Information Used?” and “What If There Is a Change in Corporate Control?”
Your Access Rights
You may review, update or modify certain of the PII that we have about you by contacting us using the “Contact Us” information on the MPowered website. We may ask you to verify your identity and to provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. Your right to delete your information is subject to our records retention policies and any applicable law.
How Do We Protect Personally Identifiable Information Collected on This Website?
We take precautions to protect the PII in our possession from loss, misuse, and unauthorized access, disclosure, alteration and destruction. However, the Company does not expressly or implicitly warrant or represent that its level of security meets or exceeds any particular standard. You should not expect that any internet transmission is ever 100% secure or completely error-free. While we strive to protect visitors’ personal information, we cannot ensure or warrant the security of any information visitors transmit to us, and visitors do so at their own risk.
If you correspond with us by e-mail you should be aware that your transmission might not be secure. A third party could view the information you send in transit by such means. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
What If There Is a Change in Corporate Control?
In the event of any proposed or actual corporate change in control resulting from, for example, a proposed or actual sale to, or proposed or actual merger with, another entity, or in the event of a proposed or actual sale of assets, or a proposed or actual liquidation, the Company reserves the right to disclose transfer your personal information to the prospective or new party in control or the party acquiring assets.
Changes to This Privacy Policy
We reserve the right, in our sole discretion, to modify, alter or otherwise update this policy at any time. We will notify you of material changes to this privacy policy by posting the revised policy with the date it was revised on the MPowered website. We encourage you to periodically review this privacy statement to stay informed about how we are protecting the PII we collect. In some cases (for example, if we significantly expand our use or sharing of your PII), we may also tell you about changes by additional means, such as by sending an e-mail to the e-mail address we have on file for you. In some cases, we may request your consent to the changes.
How Can You Contact Us?
If you would like to contact us about this policy or our website, you may contact us at (952) 374-5100.
This policy is effective November 15, 2021