Agreement between User and Wiki-licious.com
Welcome to Wiki-licious.com. The Wiki-licious.com website (the “Site”) is comprised of various web pages operated by Wiki-licious LLC (“Wiki-licious”). Wiki-licious.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Wiki-licious.com constitutes your agreement to all these Terms. Please read these terms carefully, and keep a copy of them for your reference.
Wiki-licious.com is a Donut Shop Site.
We are a bakery that sells island inspired donuts called malasadas, cookies, island sodas, shave ice, and hamburger slidders.
Visiting Wiki-licious.com or sending emails to Wiki-licious constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, vial email and on the Site, satisfy any legal requirements that such communications be in writing.
Children Under Thirteen
Wiki-licious does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Wiki-licious.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Wiki-licious.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wiki-licious and Wiki-licious is not responsible for the contens of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wiki-licious is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wiki-licious of the site or any assocation with its operators.
Certain services made available via Wiki-licious.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Wiki-licious.com domain, you are herby acknowledge and consent that Wiki-licious may share such information and data with any third party with whom Wiki-licious has a contractual relationship to provide the requested product, service or functionality on behalf of Wiki-licious.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, s well as the compilation thereof, and any software used on the Site, is property of Wiki-licious or its suppliers and protected by copyright and other laws that protect intellectual property or proprietary rights. You agree to observe and abide by all copyright and other proprietary noties, legends or other restirictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create deriviative works, or in any way exploit any of the content, ikn whole or in part, found on the site. Wiki-licious content is not for resale. Your use of the Site doesn ot entitle you to make any unauthorized use of any protected content, and in particular you will not delet or alter any proprietary rights or atttribution notices in any content. You will use protected content Solely for your personal use, and will make no other use of the content without the express written permission of Wiki-licious and the copyright owner. You agree that you do not acquire any ownership rights in an protected content. We don not grant you an licesses, express or implied, to the intellectual property of Wiki-licious or licensors except as expressly authoraized by these Terms.
The Service is controlled, operated and administered by Wiki-licious from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Wiki-licious content accessed through Wiki-licious.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Wiki-licious, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising our of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Wiki-licious reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wiki-licious in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and adminstered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its cost and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretaion and enforement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FOR OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Wiki-licious agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED INOR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPORGAPHICAL ERRORS. CHANGES ARE PERIONDICALLY ADDED TO THE INFORMATION HEREIN. WIKI-LICIOUS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WIKI-LICIOUS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABLITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS SERVCICES AND RELATED GRAPHICS CONTAINED ON THE SIRE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWAR, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WIKI-LICIOUS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAT PURPOSE, TITLE AND NON-INFRINGEMENT.
Wiki-licious reservs the right, in its sole discretion, to terminate your access to the Site and related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Alaska or State where a Wiki-licious Franchise is operating and you hereby consent to the exclusive jurisdiction and venue of courts in Alaska or Wiki-licious Franchise operation State in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdicition that does not give ffect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wiki-licious as a result of this agreement of use of the Site. Wiki-licious’s performance of this agreement is subject to existing laws and legal process, and nothing containing in this agreement is in derogation of Wiki-licious’s right to comply with governmental, court and law enforcement request or requirements relating to your use of the Site or Information provided to or gathered by Wiki-licious with respect to such use. IF any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wiki-licious with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wiki-licious with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Wiki-licious reserves the right, in its sole discretion, to change the Terms under which Wiki-licious.com is offered. The mose current version of the Terms will supersede all previous versions. Wiki-licious encourages you to periodically review the Terms to stay informed of our updates.
Wiki-licious welcomes your questions or comments regarding the Terms:
936 Gambell St
Anchorage, Alaska 99516
Effective as of March 15, 2023