Terms of Use

SUNDAY FARMS INC. (“SUNDAY FARMS”) OWNS AND OPERATES THE WEBSITES LOCATED AT WWW.SUNDAYFARMS.COM and WWW.SUNDAYFARMS.CA (collectively, the “WEBSITE”) AND SERVICE (AS DEFINED BELOW). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES.  THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY SUNDAY FARMS FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE.  IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES.  YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.  ANY NEW PRODUCTS, SERVICES AND FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE.  YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

IN ORDER TO USE THE WEBSITE AND SERVICES, YOU MUST REGISTER FOR THE SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE WEBSITE OR SERVICES.

 

  • 1. The Service.  Sunday Farms provides a distribution and delivery service for locally sourced meat products and wild-caught seafood that allows customers of the service (“Users” / “You”) to select their desired products (and in the case of subsription products, the frequency of delivery) through the Website, and then have those products delivered to you on a prearranged delivery date (the “Services”).  Shipping costs are determined based on the size of the order, with free shipping offered to orders over $99.
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  • 2. Registration. In order to start using the Sunday Farms Services, you must be at least eighteen (18) years old and have a valid credit card. When you enroll for a paid subscription to the Services (a “Subscription”), you will be required to submit your name, payment information, address, phone number and email address. Any personal information that you submit during the registration process will be treated in accordance with the terms of our Privacy Policy, which you should read carefully.  When you register you will be required to select a password. You are responsible for all activity occurring on your account, and accordingly, you should make sure to choose a strong password, which you should keep secure and not share with any other person.
  • 3. Electronic communications. In connection with your use of the Services, Sunday Farms may send you electronic messages. These electronic messages may be sent for various reasons, including for security purposes (e.g. verifying that your smartphone is connected to the phone number you entered upon registration) and issues related to your Services. By using the Services, you agree and consent to receiving such electronic messages. If you wish to no longer receive such messages, you can click the unsubscribe link in any email or contact us and request to no longer receive such messages. Unsubscribing from certain types of messages may result in our no longer being able to offer Services to you.
  • 4. Deliveries. When you register for the Services, you will have the option to subscribe to your products and select your frequency of deliveries. We deliver products for local orders, and do not require signatures from You for the delivery. Your delivery will be left at your delivery address even if you are not present to receive the products.  We expressly disclaim any liability or responsibility for any loss or claim if you are not at the delivery address to receive such products, including, but not limited to the cost of procuring substitute goods.  If you are not at the delivery address to receive the products, our delivery driver will have full discretion over the ability to leave the products unattended at your delivery address. If you are not at the delivery address to receive the delivery and the driver decides against leaving the products unattended at your address, we will contact You to coordinate a future delivery time. The products are vacuum packed and shipped in packages that will keep the products frozen for a period of no more than twelve (12) hours after the products go out for delivery.  In no circumstances shall Sunday Farms be held liable for any problems, claims, losses, injuries, illness or other damage to the products arising from your failure to ensure they are refrigerated or frozen in the necessary amount of time after any delivery.
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  • 5. Promotions. Sunday Farms may occasionally offer new or existing customers a promotional offer in connection with their use or potential use of the Services or the purchase of specially marked products (each a “Promotion”). Additional terms of a Promotion may be displayed or otherwise transmitted therewith and otherwise governed accordingly. Unless otherwise stated in the Promotion terms, Promotions are limited to one Promotion offer redemption per person. Sunday Farms may vary or discontinue any promotion/discount/benefit/privilege at any time without any notice or liability to any party. Any change will take effect immediately, unless stated otherwise. From time to time, a Promotion may consist of a promotion for free product(s) upon your first order, and/or the opening or renewing a Subscription. If you enroll in a Subscription (or renew a subscription) to redeem the Promotion, you acknowledge and agree that we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of the Promotion period.
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  • 6. Loyalty & Referral Programs. You may be offered a chance to participate in Sunday Farm’s loyalty and/or referral programs that allows you to earn credits of a specified value which can be applied to future payments or purchases through the Services, as applicable (the “Credits”). Credits are promotional in nature, are not transferable, may only be redeemed as instructed by us, and are not exchangeable for cash or other property. Credits may only remain available if you maintain an active Subscription. Cancelling your Subscription or deleting your account may result in the cancellation of your Credits. You may only redeem Credits after they are applied to your Sunday Farms account. You may only redeem Credits up to the value of your order, with any remaining value of Credits applicable to future orders. Any decision made by us regarding a dispute as to your Credit balance is final. Sunday Farms may cancel your Credits if you breach these Terms of Use.
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  • 7. User Conduct. In using the Services, you agree that you will provide true, correct and accurate information when registering and keep such information up to date and comply with these terms and all applicable laws, rules, and regulations when using the Services and during any other dealings with Sunday Farms.
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  • 8. Restrictions on Use of the Services. Sunday Farms reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
      In using the Website and Services You shall not:
    • copy any content unless expressly permitted to do so herein;
    • upload, post, email, transmit or otherwise make available any material that:
      • is unlawful, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
      • You do not have a right to make available under any law or under a contractual relationship;
      • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
      • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;  or
      • interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
    • intentionally or unintentionally violate any applicable local, provincial, national or international law or regulation;
    • license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
    • modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Sunday Farms Website or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
    Sunday Farms reserves the right, in its sole discretion, to suspend, limit or terminate your access to the Website and Services with or without notice at any time for any violation of these User Conduct terms.
  • 9. Prohibited Use. You agree that you will not collect, use or solicit the login credentials of other users of the Services. You must not create accounts with or use the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect usernames, email address or any other data or content for the purposes of sending unsolicited email or for any other use. You agree that you will not sell, transfer, license or assign your account, username, or account rights. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all federal, provincial and/or municipal laws, rules and regulations, as applicable, relating to your use of the Website and the Services. You agree to use the Services only for your personal, non-commercial purposes. You are not entitled to reproduce, duplicate, copy, sell, resell or otherwise exploit any content from the Website for any commercial purpose. You agree not to use the Services to: stalk, harass or harm another individual; collect or store personal information about other users; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; interfere with or disrupt the Services or servers or networks connected to the Services, or contravene any requirements, procedures, policies, or regulations of network connected to the Services. You agree not to use the Services to send spam or otherwise duplicative or unsolicited messages of any kind (including "commercial electronic messages" under Canada’s Anti-Spam Legislation) in violation of applicable laws. You agree not to alter or modify any part of the Services. You agree not to combine or integrate the Services with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Services. You may not decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any component of the Services is compiled or interpreted.
  • 10. End User License.  The Website and Services and the information and materials contained therein, are the property of Sunday Farms and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws, whether such rights are registered or unregistered. Subject to the terms of this Agreement, Sunday Farms grants you a non-transferable, non-exclusive, license to use the Website for your use. Nothing in the Terms of Use gives you a right to use the Sunday Farms or Sunday Farms names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent, whether such property rights are registered or unregistered. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.  Any future release, update, or other addition to functionality of the Website shall be subject to the these Terms of Use.
  • 11. Payments. All payments (i.e. product fees, sales tax and shipping fees) will be automatically charged in full to your payment option prior to your scheduled delivery.
  • 12. No returns. We cannot accept returns of any products delivered to you, and accordingly, it is not Sunday Farm’s obligation to provide refunds if you are dissatisfied with the products you receive.
  • 13. Subscription Termination. If you wish to terminate your Subscription you may do so at anytime, however, if you wish to cancel your Subscription before your next shipment, you must notify us of your intention to terminate your Subscription prior to your billing date, which will be prior to your scheduled delivery. If you cancel your Subscription after the billing date, your order for that delivery period will still be delivered (and you will be fully liable for payment) and thereafter your Subscription shall terminate, and you will not receive any further shipments.
  • 14. Term. This agreement commences on the date it is entered into by you and shall continue until terminated by one of the parties in accordance with these Terms of Use.
  • 15. Feedback.  If You provide Sunday Farms with any suggestions, comments or other feedback relating to any aspect of the Website and/or Services ("Feedback"), Sunday Farms may use such Feedback in the Website or in any other Sunday Farms products or services (collectively, "Sunday Farms Offerings"). Accordingly, You agree that: (a) Sunday Farms is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Sunday Farms, (c) Sunday Farms (including all of its successors and assigns and any successors and assigns of any of the Sunday Farms Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Sunday Farms Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Sunday Farms or any of the other users of the Website in respect of the Feedback.
  • 16. Advertising. You acknowledge and agree that the Website may contain advertisements.  If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Sunday Farms shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.  You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees).  You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website.  It is your responsibility to ascertain whether any information or materials, if any, downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
  • 17. Links & Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by Sunday Farms.  In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Sunday Farms of that third party, third party product or service.  Sunday Farms is also not responsible for the content of any linked websites.  Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Sunday Farms endorses or accepts any responsibility for the content or use of such websites, and You hereby release Sunday Farms from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
  • 18. Products Disclaimer. Sunday Farms provides a distribution and delivery service for the products sold on the Website.  All our products are purchased from third party suppliers and we do not produce any of the products that are available for purchase on the Website and Services. Accordingly, while we vet our third party suppliers according to certain criteria, we do not control the preparation of the products by our third party suppliers and do not inspect or test the products we sell on the Website and Services. We make no representations or warranties about the fitness or quality of the products received by you. We strongly encourage you to use common sense and judgment before consuming any of our products and to exercise care in preparing the products for consumption. Sunday Farms expressly disclaims any and all liability or responsibility for any claim, loss, injury, illness, harm, or other damage that may arise as a result of your consumption of the products. Once delivered, You are solely responsible for preparing the products, including but not limited to ensuring the products are properly cooked. You understand and acknowledge that consuming raw or undercooked meat and seafood can lead to an increased risk of food borne illness and you further understand and agree that Sunday Farms shall not be liable or responsible in any way for any claim, injury, loss, harm, illness or any other damage that may arise as a result of Your preparation of the products. Sunday Farms also expressly disclaims any claims, losses, damage, injury, illness, or other harms that may arise as a result of damage to the products after they have been delivered to You.
  • 19. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE AND SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS."  SUNDAY FARMS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.  SUNDAY FARMS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND SUNDAY FARMS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.  SUNDAY FARMS WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
  • 20. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL SUNDAY FARMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, (VI) ANY DAMAGE THAT OCCURS TO THE GOODS WHILE THEY ARE IN TRANSIT AFTER THEY HAVE BEEN DELIVERED TO YOU, (VII) ANY PRODUCT LIABILITY CLAIMS ARISING IN CONNECTION WITH THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO THE PRODUCTS’ FITNESS FOR CONSUMPTION.  THESE LIMITATIONS SHALL APPLY EVEN IF SUNDAY FARMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SUNDAY FARM’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID SUNDAY FARMS IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  • 21. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD SUNDAY FARMS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.
  • 22. Termination. Sunday Farms may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Sunday Farms (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Sunday Farms), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities.  Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website.  You acknowledge and agree that all terminations may be made by Sunday Farms in its sole discretion and that Sunday Farms shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website.  Any termination of these Terms of Use by Sunday Farms shall be in addition to any and all other rights and remedies that Sunday Farms may have.
  • 23. Availability & Updates. Sunday Farms may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website and Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.  Sunday Farms may periodically add or update the information and materials on this Website without notice.
  • 24. Security. Information sent or received over the Internet is generally unsecure and Sunday Farms cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure.  You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security Sunday Farms will not be liable for any loss or damage arising from your failure to comply with these requirements.
  • 25. Survival. In addition to the Terms of Use above, all representations, warranties and conditions made by You in these Terms of Use shall survive the termination of these Terms of Use.  Unless otherwise explicitly identified as terminating elsewhere in these Terms of Use, all licenses granted by You in these Terms of Use shall survive their termination.  All payment obligations incurred by You prior to the termination of these Terms of Use shall survive their termination.
  • 26. General. These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Services and all related activities.  These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by Sunday Farms.  If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.  The failure of Sunday Farms to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by Sunday Farms must be in writing and shall only apply to the specific instance identified in such writing.  You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Sunday Farm’s prior written consent. Except as expressly provided in this Agreement, all amounts in this Agreement are stated and shall be paid in Canadian currency. The parties hereto have requested that this Agreement be drawn up in the English language. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and without regard to choice of law principles. The parties hereby irrevocably attorn to the jurisdiction of the courts of Ontario.
  • 27. Contact. If you have any questions about these Terms of Use or if you wish to make any complaint or claim with respect to the Sunday Farms Website or Service, please contact us at:support@sundayfarms.com

Last update: June 2, 2022