Version 2.0. The website located at volunteertracker.org (the “Site”) is a copyrighted work belonging to Downey Digital LLC (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD.
PLEASE BE AWARE THAT SECTION 10.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY, INCLUDING AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 10.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND YOUR RIGHT TO A JURY TRIAL.
1. Accounts
1.1 Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Access to the Site
2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
2.5 Ownership. Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Company and its suppliers reserve all rights not granted in these Terms.
2.6 Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide as non-confidential and non-proprietary.
3. User Content
3.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site. You are solely responsible for your User Content and assume all risks associated with its use. You represent and warrant that your User Content does not violate our Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.
3.2 License. You hereby grant to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site.
3.3 Acceptable Use Policy. You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content that violates any third-party right, is unlawful, harassing, abusive, harmful, or otherwise objectionable, that is harmful to minors, or that violates any law or regulation. You further agree not to upload viruses or malicious code, send spam, harvest information about other users without consent, interfere with or disrupt the Site, attempt to gain unauthorized access to the Site, or use automated scripts to scrape data from the Site (search engines are conditionally permitted as set forth in our robots.txt file).
3.4 Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms.
4. Indemnification
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us.
5. Third-Party Links & Ads; Other Users
5.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk.
5.2 Other Users. Each Site user is solely responsible for any and all of its own User Content. Your interactions with other Site users are solely between you and such users, and you agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.
5.3 Release. You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action arising directly or indirectly out of or relating to the Site. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing.
6. Disclaimers
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE. OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
8. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination, your Account and right to access and use the Site will terminate immediately, and any termination may involve deletion of your User Content. Even after your rights are terminated, Sections 2.2 through 2.6, Section 3, and Sections 4 through 10 will remain in effect.
9. Copyright Policy
Company respects the intellectual property of others and asks that users of our Site do the same. We have adopted a policy that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users who are repeat infringers. To submit a copyright infringement notification pursuant to 17 U.S.C. § 512(c), please provide our designated Copyright Agent with the information required by the statute. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability.
The designated Copyright Agent for Company is: Northwest Registered Agent, Inc., 522 W Riverside Ave Suite N, Spokane, WA 99201.
10. General
10.1 Changes. These Terms are subject to occasional revision. If we make any substantial changes, we may notify you by email and/or by prominently posting notice of the changes on our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement and agreement to be bound by the changes.
10.2 Dispute Resolution. You and Company agree that any dispute relating in any way to the Site, the Services, or these Terms will be resolved by binding arbitration rather than in court, except that (1) either party may assert individualized claims in small claims court if they qualify, and (2) either party may seek equitable relief in court for infringement or misuse of intellectual property rights. Before commencing arbitration, the parties will engage in an Informal Dispute Resolution Conference. Arbitration will be conducted by JAMS under its applicable rules and governed by the Federal Arbitration Act. You and Company waive the right to a jury trial and agree to bring claims only on an individual basis and not on a class, representative, or collective basis. You have the right to opt out of this Arbitration Agreement by sending written notice within 30 days to 2108 N ST STE N, Sacramento, CA 95816, or admin@volunteertracker.org.
10.3 Export. The Site may be subject to U.S. export control laws. You agree not to export, reexport, or transfer any U.S. technical data acquired from Company in violation of United States export laws or regulations.
10.4 Disclosures. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
10.5 Electronic Communications. The communications between you and Company use electronic means. You consent to receive communications from Company in electronic form and agree that all such communications satisfy any legal requirement that they be in writing.
10.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision shall not operate as a waiver. If any provision is held invalid or unenforceable, the remaining provisions will be unimpaired. Your relationship to Company is that of an independent contractor. You may not assign these Terms without Company’s prior written consent; Company may freely assign them.
10.7 Copyright/Trademark Information. Copyright © 2025 Downey Digital LLC. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third parties.
10.8 Contact Information: Bradley Downey, 2108 N ST STE N, Sacramento, CA 95816. Telephone: 925-457-3000. Email: admin@volunteertracker.org.