Terms of Use

WELCOME TO Johnny’s List. We (Johnny’s List, (JL)) hope you find it useful. By accessing or otherwise interacting with our servers, services, website you agree to these Terms of Use (“TOU”) (updated, February 25, 2024). You acknowledge and agree Johnny’s List is a private site owned and operated by Johnny’s List If you are accessing or using JL on behalf of a business, you represent and warrant to JL that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use JL. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use JL. Our privacy policy, prohibited list and all other policies, and agreements referenced below or on JL, are fully incorporated into this TOU, and you agree to them as well.

Seller Agreement

Terms that apply to your use of our commerce services.

This Seller Agreement (our “Seller Terms”), applies to your use of the commerce services and features we make available to you to display, promote, offer, market or sell products and services (each a “Commerce Feature”) to users of Johnny’s List (each a “User”).

These Seller Terms incorporate other policies, terms and conditions that apply to you when you use Commerce Features. which include but are not limited to:

Your use of Johnny’s List Products is governed by Johnny’s List Terms of Use and Sellers Agreement and any other policy or agreement on this site.

To the extent of any conflict between these Seller Terms and any other terms, the Seller Terms shall govern solely with respect to your use of the Commerce Features.

Your Listings and Content

A. You grant us certain permissions to use your listings and content. We may display product or service listings shared by you or on your behalf (each a “Product Listing”) on Johnny’s List. You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate, and create derivative works of the Product Listings and any other content, data, or information shared by you or on your behalf or accessed by us in connection with the Commerce Features, including photos and videos (together with Product Listings, your “Seller Content”), in connection with Johnny’s List. You represent and warrant that you have all necessary rights in Seller Content to grant us the licenses and rights set forth in these Seller Terms.

B. You are responsible for your listings and content. Even if we host and display your Seller Content on Johnny’s List, you are solely responsible for the contents of your Seller Content. You must ensure that all Seller Content is true, accurate and complete at all times, including without limitation the description, price, applicable taxes or fees, shipping information, required legal disclosures and other advertisement, offer or promotional content. You are solely responsible for setting the price of products or services you offer. If we provide guidance regarding a suggested price for products or services you offer, such guidance is informational only and the decision to accept or reject such guidance is solely yours.

C. Your products and services, Seller Content, must be located on Whidbey Island. You agree that all products and services being sold is located on Whidbey Island. This is to the benefit of the community for which this Website serves.

D. Paid Posting Fees. We don’t charge a fee to use Johnny’s List as a Buyer. We accept donations from all Users. Some types or categories of postings may have an associated fee. When creating a posting. Choose the category of your posting and the fee for the posting will be stated on the Where is it? page. Payment information is requested at the end of the posting process. A preview of your posting via our website at the time that the posting is created. Publishing your posting is a onetime charge.

When you make a paid posting, you authorize us to charge your account. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting. Fees are subject to change.

A. Service Where is it? – If you are a business that provides a service and are listing your service – $100 monthly fee.
- This includes sole proprietors, Corporations, Non-Profits.
B. Event Where is it? – If you are a business promoting an upcoming event – $100 monthly fee.
- This includes sole proprietors, Corporations, Non-Profits.

E. You must ensure that your Product Listing provides Users with the terms, conditions and policies that apply to the transaction for that product. You are responsible for displaying, keeping up to date and honoring any sales, returns and/or privacy policies and all other relevant terms or information or disclosures related to your Product Listings that you want to apply to your interactions with Users or that are otherwise required by law. Any such terms, information, or disclosures do not bind us and must not conflict with these Seller Terms or our other applicable terms and policies.

F. You are responsible for applicable taxes relating to your listings and content. Even if we host and display your Seller Content on Johnny’s List, you are the seller of record and agree to comply with all applicable tax laws and ordinances. You are solely responsible for all determinations, calculations, collections, withholdings, reporting, and remittance of applicable taxes, duties, fees, surcharges and additional charges (“Taxes & Fees”) for sales that result from your use of Commerce Features. You are solely liable for all liabilities, including without limitation, any penalties or interest, taxing jurisdictions may assess as a result of the under remittance or non-remittance of any Taxes & Fees imposed on your products or services.

Your Products and Services

You must comply with our terms and all applicable laws when you use Commerce Features. Your products and services, Seller Content and use of Commerce Features must comply at all times with these Seller Terms, our other applicable terms and policies and applicable laws, rules, and regulations. You agree that you are solely responsible for determining that the Commerce Features are suitable for your intended use.
Sales of counterfeit or pirated products and sales prohibited by government sanctions are strictly prohibited. Without limiting the generality of the policies set forth above, you are expressly prohibited from displaying, promoting, offering, marketing or selling counterfeit or pirated products or services through the Commerce Features. You may not use the Commerce Features in connection with any activities, individuals or entities that are located in a country or region that is subject to comprehensive U.S. sanctions law or in a manner that would otherwise violate applicable U.S. or non-U.S. trade sanctions laws.
You are responsible for providing customer service to Users in connection with your products and services. You are responsible for providing, managing, paying for, and fulfilling any sales, warranty and customer service, returns, refunds or accommodations to Users in connection with your use of a Commerce Feature.
Any incentives we provide do not modify these Seller Terms. You agree that we may offer to fund promotions, discounts or other incentives (“Incentives”) to you or directly to Users to encourage engagement with Product Listings or Seller Content, and that our funding of Incentives does not violate any other agreement you have or alter your obligations under these Seller Terms.
You are responsible for ensuring the integrity and safety of your products and services. As between us, you are solely responsible for any defect or non-conformity in any product or service you offer and for complying with any recall or safety alert, or similar direction or notice, with respect to any product or service related to your Product Listings. You agree to promptly remove any Product Listing upon issuance of any recall or safety alert, or similar direction or notice, or claim of infringement of intellectual property rights with respect to products or services relating to your Product Listings.
We may review your Seller Content to ensure the integrity of our services, but this does not change your obligations to us or to Users. These reviews may include automated or other audits of your Seller Content to verify compliance with these Seller Terms and applicable law, but do not mean that we assume any responsibility or liability or otherwise agree to modify your responsibilities and liabilities under these Seller Terms and applicable law.

Our Services

We may modify or cease providing our services. We may modify or cease operating any Commerce Feature, with or without prior notice or liability to you.
We provide our Commerce Features as a convenience to you. The Commerce Features, including but not limited to tools we provide that allow you to view information about past transactions, offer Incentives, etc. are provided as a convenience only. You use them at your sole discretion and risk. We are not responsible for any inaccuracies, errors or liabilities that may arise out of their use. Additional terms may apply to their use.
We may test improvements that affect your use of our services. From time to time, we test improvements to our audiences and delivery systems, which may impact how your Seller Content is displayed or your use of Commerce Features or other services. Testing is designed to improve the effectiveness of our service, but we are not responsible for impacts to you that may arise from it.
We may use automated means to help optimize your listings and content. These means may include allowing us to use automated software and create test credentials to retrieve information from domains, webpages or other URLs you provide. We or any entity acting on our behalf may access, index, cache, analyze, or crawl, including through use of automated software, the domains, webpages or URLs associated with your Seller Content in connection with our Commerce Features, enforcement of our Commerce Policies, or both. If you provide URLs or similar content in connection with Seller Content, you grant us and any entity acting on our behalf the right to access, index, cache, analyze or crawl the URLs and the content available through such URLs or any portion thereof, and based on your account settings, pull updates periodically from such URLs to create, augment, or update your Seller Content.
Our role. While we may provide certain services to enable transactions or to help resolve issues with buyers, we have no control over and do not guarantee the performance or actions of any buyer, including the ability of buyers to pay for products or services you offer or that a buyer will complete a transaction.

Enforcement of Our Terms

We reserve the right to review your use of Commerce Features and take any actions we deem necessary or advisable in our discretion to protect us or our Users, which may include remedies up to and including suspension or termination of any or all our services to you.
Our failure to enforce any part of our terms or policies is not a waiver of our right to do so at a later date.
In connection with our review of your use of Commerce Features, we may request information from you. You agree to promptly comply with our requests.

Indemnification

In addition to and without limiting the scope of the indemnification obligations set out in the terms and policies listed above:

You agree to indemnify and hold us harmless from and against any claims (including but not limited to claims for property damage, bodily injury or death, and to the extent permitted by law, claims based on our negligence), damages, losses and expenses of any kind (including reasonable legal fees and costs) (collectively, “Claims”) arising from or related to your sale of products using our Commerce Features, the products you sell using our Commerce Features, your acts or omissions with respect to User Data or any breach or alleged breach of these Seller Terms.
You agree to indemnify and hold us harmless from all Claims related to Taxes & Fees, including any penalties and interest (“Tax Liabilities”) that may result from your use of Commerce Features. You agree that (a) we have no liability to you or any taxing jurisdiction for any Tax Liabilities; (b) you are solely responsible and liable for payment of Tax Liabilities; and (c) you shall not seek reimbursement from us for Tax Liabilities.

Other Terms and Conditions

These Seller Terms do not create any partnership, joint venture, franchise, sales representative or agency relationship between you and an exclusive relationship between us.
We may change or update these Seller Terms at any time in our sole discretion. If we make changes or updates, we will provide you with notice such as by email or by posting the amended Seller Terms here and updating the “Last Updated” date. All amended Seller Terms will become effective immediately on the date posted unless we state otherwise and will apply prospectively after such changes and updates become effective. Your continued use of the Commerce Features constitutes acceptance of those changes and updates.
If any portion of these Seller Terms are found to be unenforceable, then (except as otherwise provided) that portion will be severed and the remaining portion will remain in full force and effect.

Prohibited

Users must comply with all applicable laws, the Johnny’s List Use of Terms (UOT) and all posted site rules.

Here is a partial list of goods, services, and content prohibited on Johnny’s List:

Weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc.
Ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives.
Offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking.
exploitation or endangerment of minors; child pornography
recalled items; hazardous materials; body parts/fluids; unsanitized bedding/clothing.
prescription drugs, medical devices; controlled substances and related items
alcohol or tobacco; unpackaged or adulterated food or cosmetics
pet sales (re-homing with small adoption fee ok), animal parts, stud service.
endangered, imperiled and/or protected species and any parts thereof, e.g. ivory.
false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
offensive, obscene, defamatory, threatening, or malicious postings or email
anyone’s personal, identifying, confidential or proprietary information.
food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
stolen property, property with serial number removed/altered, burglary tools, etc.
ID cards, licenses, police insignia, government documents, birth certificates, etc.
US military items not demilitarized in accord with Defense Department policy.
counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer.
lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
spam: miscategorized, over-posted, cross-posted, AI created, or nonlocal content.
postings or email the primary purpose of which is to drive traffic to a website.
postings or email offering, promoting, or linking to unsolicited products or services.
affiliate marketing; network, or multi-level marketing; pyramid schemes
any good, service, or content that violates the law or legal rights of others.

Please don’t use JL for these purposes and contact us if you see others doing so.

Thanks for helping keep Johnny’s List safe and useful for everyone.