These Terms and Conditions ("Terms") govern your use of the services made available in connection with the Kid to Kid brand, including our check-in kiosks, websites, mobile applications, and our SMS/text messaging and email programs (collectively, the "Services"). By accessing the Services, creating an account, or opting in to receive text messages, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, do not use the Services.
Kid to Kid is a franchised resale brand owned by Kid to Kid Franchise System LLC ("Company," "we," "our," or "us"). The check-in kiosk and application technology platform is provided by its affiliate, BASECAMP FRANCHISING LLC ("BaseCamp").
Each store is independently owned and operated by a local franchisee. When you buy items from a store, sell or bring items to a store, or enroll in programs at a store, your transaction and relationship is with that independently owned franchisee location. BaseCamp provides the technology that powers the Services but is not a party to your transaction with a store.
You must be at least 18 years of age to create an account, enroll in programs, sell or bring items to a store, or participate in our SMS messaging program. Our Services are offered in the United States and are governed by U.S. law. By using the Services, you represent and warrant that you meet these eligibility requirements and that you are the authorized user of any mobile phone number you provide.
4.1 Program Description. Kid to Kid Franchise System LLC operates an application-to-person (A2P) SMS messaging program. Through this program we send two categories of messages: (a) account and transactional messages, such as two-factor authentication (2FA) codes, one-time passcodes (OTPs), account verification, and other security or service notifications; and (b) marketing and promotional messages, such as sales, offers, and program updates, which you receive only if you opt in to marketing messages.
4.2 Consent and Opt-In. Our check-in kiosk and app present a separate opt-in checkbox for marketing messages. By providing your mobile phone number and affirmatively checking that box, you expressly consent to receive automated marketing and promotional text messages from us at the number provided. Your consent to receive marketing or promotional text messages is not a condition of purchasing any product or service, or of selling items to us. If you do not check the marketing opt-in, we will not send you marketing messages, though you may still receive account/transactional and security messages associated with your account.
4.3 Message Frequency. Message frequency varies. You will receive account/transactional messages in response to account activity that requires verification or confirmation. If you have opted in to marketing messages, you may also receive recurring promotional messages.
4.4 Rates. Message and data rates may apply. Charges are determined by your mobile carrier and wireless plan. We are not responsible for any charges incurred from your carrier in connection with messages sent under this program.
4.5 Opt-Out. You may opt out of marketing text messages at any time by replying STOP to any message you receive from us. Upon receipt, we will send you a single confirmation text and cease further marketing messages. You may continue to receive account/transactional and security messages where permitted, as these are part of providing the Services. You may re-enroll in marketing messages at any time by following the opt-in process again.
4.6 Help. Reply HELP to any message for assistance. You may also contact our support team at cure@bcfranchise.com.
4.7 Supported Carriers. Our SMS program is available through major U.S. wireless carriers. Carrier participation may vary, and we do not guarantee delivery of messages through all carriers or in all locations.
4.8 Effect of Opting Out. Certain features of the Services depend on your ability to receive account/transactional SMS messages, such as two-factor authentication. If you opt out of these messages where that option is offered, your access to those features may be limited or unavailable. We are not liable for any resulting inability to access your account or complete transactions.
4.9 Message Delivery. Messages are delivered through our third-party messaging service providers. Carriers and providers are not liable for delayed or undelivered messages.
We send email for both transactional purposes (such as account, transaction, or service notifications) and marketing purposes (such as promotions and offers). You may unsubscribe from marketing emails using the link in any such email; transactional emails may continue as part of providing the Services. Email is otherwise handled as described in our Privacy Policy.
If you create an account, you are responsible for the accuracy of your information and for maintaining the confidentiality of your credentials and all activity under your account. Notify us promptly of any unauthorized use.
You agree not to use the Services in any manner that:
All content, software, trademarks, service marks, and other intellectual property associated with the Services are the exclusive property of Kid to Kid Franchise System LLC, BASECAMP FRANCHISING LLC, or their licensors. Nothing in these Terms grants you any right, title, or interest in such property except as expressly provided.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT MESSAGES WILL BE DELIVERED WITHOUT DELAY OR ERROR, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR SECURE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KID TO KID FRANCHISE SYSTEM LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
You agree to indemnify, defend, and hold harmless Kid to Kid Franchise System LLC, BASECAMP FRANCHISING LLC, and their affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict-of-law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah, and you hereby consent to personal jurisdiction in such courts.
For any claim or dispute, you agree to first contact us at legal@bcfranchise.com and attempt to resolve the matter informally before initiating any formal legal proceeding.
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated "Last Updated" date. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kid to Kid Franchise System LLC with respect to the subject matter herein and supersede all prior agreements and understandings.
Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment. You may not assign your rights under these Terms without our prior written consent. We may assign our rights freely.
Questions about these Terms may be directed to:
Kid to Kid Franchise System LLC
39 E. Eagle Ridge Dr Ste 100
North Salt Lake, UT 84054
Email: cure@bcfranchise.com