O’Connell & Company, Inc.(DBS FranWise® and Franchise Capital Exchange)’s policy is to respect and protect the privacy of our users. Your confidence in us as a guardian of the information you provide is very important to us. We agree to exercise reasonable precautions to maintain the confidentiality of information provided by you in connection with accessing this Site. O’Connell & Company, Inc. does not collect personal information about individuals from this Site except when specifically and knowingly provided by such individuals and will not sell, rent or trade personal information about our users to any third party other than other event attendees. Notwithstanding the foregoing, O’Connell & Company, Inc. may disclose personal information in special cases: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interfering with (either intentionally or unintentionally) O’Connell & Company, Inc.’s rights or property; (2) when, after good faith research, we believe that the law requires it and (3) in situations involving threats to the physical safety of any person.
When you give us your personal or corporate information (e.g. name, address, phone, fax, email, etc.), the information about you will only be used to improve our relationship and service to you. O’Connell & Company, Inc.’s corporate policy is such that only a handful of trusted people have access to our customer information.
If you “opt-in”, we may periodically send you an email message to inform you of event updates. If you do not want to receive email, we will respect your wishes. Just follow the “opt-out” described in Section 7 below.
This Site may contain links to other sites. O’Connell & Company, Inc. are NOT responsible for the privacy practices or the content on other web sites. O’Connell & Company, Inc. does not disclose unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you when you enter their site. This collecting of information is not subject to O’Connell & Company, Inc.’s control. To ensure protection of your privacy, always review the privacy policies of the sites you visit when linking from this Site.
4. Security Statement
In an effort to safeguard your personal information, we use a web-hosting firm, Go Daddy, that uses a variety of procedures to insure the security of the information you provide to us through this Site.
Your personal information is protected by Secure Sockets Layer (SSL). We use SSL encryption to protect credit card numbers, online order forms and other confidential information from interception and hacking. We use SSL because we believe that it provides reliable and secure operations infrastructure and comprehensive security, trust, and authentication practices.
The content of this Site and any data provided through this Site, including information such as your contact information that you may send via the email information request form or the email message form, are housed on secure servers maintained by Franchise Payments Network. Please review in full the Terms & Conditions that are posted on Franchise Payments Network’s web site.
5. Our Commitment to Children’s Privacy
Protecting the privacy of the very young is especially important. We do not collect or maintain information at the Site from persons we know to be under age 13, and no part of our Site is designed to attract anyone under age 13. Please do not communicate with or contact us if you are under age 13.
6. How You Can Review or Correct Your Personal Information
You can contact O’Connell & Company, Inc. at: info@FranWise.net to ask if we are keeping personal information about you. If we do have personal information about you, we will provide you with a readable copy of such personal information at no charge. Factual errors in your personal information, including out-of-date information, can be corrected by sending us a request that credibly shows our error.
7. Opt-Out Procedure
You may always opt-out of receiving communications from us and/or from our receiving or maintaining your personal information (such as your name, address and/or other contact information). To remove any personal information from our database or to not receive future communications from O’Connell & Company, Inc., send an email message to: info@FranWise.net with the word “remove” in the subject line.
8. Disclaimers and Limitation of Liabilities and Warranties
O’Connell & Company, Inc. shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages, including without limitation, damages which may result from ordering a product. Because some states do not allow the limitation or exclusion of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you. O’Connell & Company, Inc. makes no warranty, express or implied, as to the merchantability or fitness for a particular purpose with respect to any products or events.
9. Intellectual Property – Limitation of Liability
O’Connell & Company, Inc. respects the intellectual property of others, and we ask visitors to the Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) ) must be provided to our designated Copyright Agent:
(1) Identification of the copyrighted work(s) that you claim has been infringed;
(2) Identification of where the material that you claim to be infringing is located on the Site;
(3) A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
(4) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
(5) Your address, telephone number, and email address; and
(6) Your physical or electronic signature.
O’Connell & Company, Inc.’s designated agent for notification of claims of copyright infringement on the site is Mary Ann O’Connell who can be reached as follows:
Address: 922 Van Ness Court, Costa Mesa, CA 92626
Similarly, if you believe that any of your trademarks or service marks have been infringed, please notify O’Connell & Company, Inc.’s designated agent.
10. Copyright & Permissions
You may make single copies of material displayed on the Site for your own personal and noncommercial use, provided all copies include the copyright and other notices displayed with the materials on the Site.
You may not download, transmit, copy or otherwise make available any material from the Site, including any text or images, for public or commercial use, without O’Connell & Company, Inc.’s prior written permission: you also may not distribute, transmit, publicly display, publicly perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Franchise Capital Exchange Site without our prior written permission.
None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of O’Connell & Company, Inc.
O’Connell & Company, Inc. has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material or data, please contact us. We can be reached by email at: info@FranWise.net.
You agree not to display or otherwise use any of O’Connell & Company, Inc./FranWise®/Franchise Capital Exchange’s trademarks, service marks or logos, including the marks and logos that are displayed on this Site, in any manner without our prior written permission.
12. Applicable Laws and Jurisdictional Issues
This Site shall be governed by the laws of the State of California without giving effect to any conflicts of laws or choice of laws principles. You consent to the jurisdiction of the federal and state courts presiding in the State of California and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms & Conditions.
14. No Assignment
You may not assign your rights or obligations under this Agreement without the prior written consent of O’Connell & Company, Inc.
15. Invalidity of Provisions
In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
16. No Waiver
O’Connell & Company’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
17. Complete Understanding
These Terms and Conditions constitute the entire understanding between O’Connell & Company, Inc. and you with respect to ordering products from the Site.
By using the site, you signify your assent to these terms and conditions and any subsequent modifications. As a condition of your use of the site, you warrant that you will not use the site for any purpose that is unlawful.
For more information about O’Connell & Company, Inc./FranWise®/Franchise Capital Exchange or if you have any questions about our Terms and Conditions, please contact us:
We will be happy to answer your questions or hear your concerns.