Terms of Use

Welcome to FreshSpoke! FreshSpoke is a software platform, owned by Igneous Media Inc. that provides online ordering of wholesale food and makes available a series of interactive tools across mobile platforms, including a web site, mobile application, twitter account, facebook page and other social media networks). For the purpose of this document, the name "FreshSpoke" refers to the Terms of Use for all three platforms. Therefore, by using any of one of our platforms, you are subject to the following conditions:

- Should you object to any term or condition of this agreement or any subsequent modifications thereto or become dissatisfied with FreshSpoke in any way, your only recourse is to immediately discontinue use of the web site and associated mobile and facebook application.

- FreshSpoke will not be held liable for any loss or damage for non-compliance by you with the Terms of Use as may be amended, restated, replaced or superseded from time to time.

- Please report any violation of there Terms of Use to our customer support team from our Contact Us page.

- You understand and agree that unless expressly stated, FreshSpoke in no way controls, verifies or endorses any of the information contained on the platform including member profiles, product listings, links, messages and posts, events, advertisements, ratings and reviews.

Privacy

To understand our privacy and security practices, please review our Privacy Policy as it also governs your visit on our web site and associated applications.

Electronic Communications

FreshSpoke communicates with you electronically only when solicited to do so through your own consent or through your friends' social sharing on FreshSpoke and other web sites such as facebook, Twitter, Google+ and Pinterest. We will communicate with you by e-mail or by posting messages to these sites.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and understand that at anytime you can opt out of receiving such communications from FreshSpoke.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Igneous Media Inc., and/or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Igneous Media Inc., with copyright authorship for this collection by Igneous Media Inc., and protected by international copyright laws.

Trademarks

Igneous Media Inc. and FreshSpoke’s trademarks and trade dress may not be used in connection with any product or service that is not FreshSpoke’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits FreshSpoke. All other trademarks not owned by Igneous Media Inc. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Igneous Media Inc. or its subsidiaries.

Licence and Access

FreshSpoke grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FreshSpoke. This license does not include any resale or commercial use of this site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FreshSpoke. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FreshSpoke and our associates, without express written consent. You may not use any meta tags or any other "hidden text" utilizing FreshSpokeat’s name or trademarks without the express written consent of FreshSpoke. Any unauthorized use terminates the permission or license granted by FreshSpoke.

You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page FreshSpoke or to a member or course profile page so long as the link does not portray FreshSpoke, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may only use the FreshSpoke logos or other proprietary graphics or trademarks designated for use under limited, revocable and nonexclusive right as part of the link.

Your Conduct on FreshSpoke

If you use this site, you are responsible for maintaining the confidentiality of your account, password and also for restricting access to your computer. At the same time, agreeing to accept responsibility for all activities that occur under your account or password.

If you are under 18, you may use our web site only with involvement of a parent or guardian. FreshSpoke and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

FreshSpoke expects its members to conduct themselves in a manner appropriate to a public web site,. without exception., It is the responsibility of every member to adhere to the code of conduct outlined below:

  • Visitors may post reviews, comments, and other content.They may also submit suggestions, ideas, comments, questions, or other information, providing the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties, or objectionable.

  • Content contributed by members must not consist of or contain, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

  • You grant FreshSpoke sole discretion to remove or delete any postings, information, materials or other content that violates our Terms of Use.

  • You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

  • You must not engage in reverse engineering, decompile or disassemble any of the software used in the development and delivery of content, through FreshSpoke.

  • You must not interfere with or disrupt FreshSpoke or any of our servers or networks connected to our platforms.

  • You must never obtain, store, remove or modify the personal information about other users.

  • You must not use automated programs such as spiders, robots, crawlers, data mining tools, operate scripts that scrape data from FreshSpoke, or the like, to 'meta-search' or download data from FreshSpoke for any purpose including competitive or commercial purposes. FreshSpoke will block all programs that do not comply with these restrictions.

  • You may never harvest site content from FreshSpoke and display/reformat this content in a way for commercial use or in a way that competes with FreshSpoke. FreshSpoke reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, unless we indicate otherwise, you grant FreshSpoke and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FreshSpoke and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.

You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury toany person or entity. That you will indemnify FreshSpoke or its associates for all claims resulting from content you supply. reshSpoke has the right but not the obligation to monitor and edit or remove any activity or content. FreshSpoke takes no responsibility and assumes no liability for any content posted by you or any third party.

FreshSpoke reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Indemnity

You agree to defend and indemnify FreshSpoke and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result any violation of our Terms of Use. This includes any content you post to FreshSpoke, your use of FreshSpoke’s tools, products and information,; or any violation of a third party’s rights.

  • your breach of this Agreement or the documents referenced herein;

  • your violation of any law or the rights of a third party; or

  • your use of this Website.

Disclaimer of Warranties and Limitation of Liability

This site is provided by Freshspoke on an "as is" and "as available" basis. Freshspoke makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. to the full extent permissible by applicable law, Freshspoke disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Freshspoke does not warrant that this site, its servers, or e-mail sent from Freshspoke are free of viruses or other harmful components. Freshspoke will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Applicable Law

By visiting FreshSpoke, you agree that the laws of the province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and FreshSpoke or its associates.

Disputes This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein except that, to the extent you have in any manner violated or threatened to violate FreshSpoke’s intellectual property rights, FreshSpoke may seek injunctive or other appropriate relief in any province, state or federal court in the province of Ontario, Canada and you consent to exclusive jurisdiction and venue in such courts. The parties have required that this Agreement and all documents relating hereto be drawn up in English.

FreshSpoke Policies, Modifications and Severability

Please review our Privacy Policy (posted on this site) as well as the policies of all our platform providers (i.e. facebook, iPhone). These policies also govern your visit to FreshSpoke. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Questions?

Questions regarding our Terms of Use, Privacy Policy, or other policy related material can be directed to the FreshSpoke Crew by clicking on the contact button on the top menu or using the "Get In Touch" form available on the right side of the screen.