Transparency
Governing & Compliance Docs
Transparency and trust are important matters to us. Below you will find relevant governing documents and proof of compliance with our charitable purposes as a 501(c)(3) tax-exempt organization. Contact us if you seek other public documentation.
IRS Form 990 Filings
2017 | Form 990N
2018 | Form 990N
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Yes, sign me up!001 - Operation Pit Stop
@ Atlanta Streets Alive - Westside
Tactical Urbanism | June 11, 2017
665 Marietta Street NW, Atlanta GA 30318
On June 11th of 2017, The Pillyr Foundation joined Atlanta Streets Alive's Westside route as an activity partner with our first tactical urbanism intervention, dubbed Operation Pit Stop. At a length of 50ft, this pop-up project activated an industrial corridor along Marietta St NW with public space.
The build included deck space, a standing bar, a variety of seats and benches, a small performance stage (activated by spoken word artists), trees and plants that brought life and color to the site, and finally the Pillyr "Bike Bar", which is designed for cyclists to dock and enjoy refreshments from the comfort of their saddle. King of Pops was joined us to run the bar.
A final addition to the project was a temporary, artistic crosswalk that provided the public a canvas to add their own art to the street. The location was selected due to the lack of crosswalks, public space, and due to vehicular traffic treating this city road like a freeway.
Check out our facebook event to see more photos from the project!
Design Team: Daniel Snider, Sammy Shams, David Moore, Gabriella Melendez
Volunteer Team: Meghan Caylor, Jon Caylor, Ian McNay, Lindsey Bolin, Jiho Choi, Andrew Llewellyn, Jose Garza DelaCruz, Maria Velasquez, Nadine Adel Peever, Albert Lebron, Pavan Iyer, Morgan Strickland, Nate Damen, Laura Quade, Jim Connelly
002 - City Dreamers on the Beltline
Public Art | Summer 2017
Atlanta Beltline - Eastside Trail
Designed by friends Tenay Gonül and Julian Quinn, City Dreamers is a pavilion and Art on the Atlanta Beltline commission on the Eastside Trail located near Midtown Arts Cinema. The Pillyr Foundation was brought in to facilitate its construction and provide on-site consulting to upgrade the project's structural stability and safety for the visiting public.
In a big and fast city like Atlanta, the City Dreamers spot is a serene and happy place to be to view the city from another window. Being in the cube gives a feeling of isolation from the rest and slows the perception of the city down to enjoy and appreciate what is there. Nobody has to do much more. Just be there to view, to think, to sit and relax. The picture window on a plain black plane limits the rest of the scene by focusing a frame of view in one’s mind. This black plane is actually chalkboard where users can express themselves about what they see, feel or want to share. It creates an interactive message board to share experiences with strangers and friends.
The colorful pieces of plexiglass in rotation with the rest of the structure symbolizes a twist in linear thinking. The combination of colors and rotation implies alternate modes of thought and living as a possibility. City Dreamers is an artistic place seeking to render a colorful viewpoint for the city, a unique piece of urban furniture, a shaded place to rest, a place to share an idea, a point of interest, and an added reason to move along the Atlanta Beltline.
Design Team: Tenay Gönul & Julian Quinn
Construction Team: Tenay Gönul, Julian Quinn, Daniel Snider, Sammy Shams, David Moore, Gabriella Melendez
003 - Park O' Pipes @ Parking Day
Tactical Urbanism | September 2017
Park(ing) Day 2017 - Across Greater Atlanta
Park O' Pipes was created for Park(ing) Day 2017 with the intention of quick deployment at all the various events attended between September 15th and 16th. HKS Architects provided support for this project. This tactical urbanism intervention challenged the lack of urban play available for all ages so we tasked ourselves to create an interactive installation that would stimulate various senses at the same time. After getting access to a large quantity of aluminum pipe, we pursued turning this material into wind chimes and learned the mathematics to tune each length of pipe so that we could establish a range of sound.
A wood frame box was created to act as a chamber for the 5 rows of wind chimes, and in plan those rows would establish a path of circulation so that one could absorb a sonic spatial experience as they meander through it. An added benefit of this project was witnessing both children and adults interacting with the installation.
The project was taken to the following events:
Livable Buckhead Park(ing) Day @ Lenox Mall
South Downtown Park(ing) Day @ South Broad Street
Argha Noah House Amphibia Exhibition @ Harp Transmission
Living Walls x WeLoveBuHi's Night Market & Block Party @ Buford Highway
Park O' Pipes was awarded "Most Interactive Installation" by attendees of the Livable Buckhead Park(ing) Day event.
Design Team: Daniel Snider, Sammy Shams, David Moore, Gabriella Melendez, Justin Kruemmel, KK Loy
004 - Over & Under @ Atlanta Streets Alive - Central
Tactical Urbanism | September 2017
384 Peachtree St NE, Atlanta, GA 30308
On September 24th, The Pillyr Foundation took over the Peachtree Street bridge overpass connecting Midtown and Downtown to extend the city's public space and canopy for Atlanta Streets Alive. We delivered over thirty plants and trees, deployed our Park O' Pipes wind chime installation, set up a dozen wood pallet deck surfaces to establish a boardwalk and seating areas, and redeployed our Pillyr Bike Bar in a split configuration so that we could accommodate King of Pops and Cafe + Velo as activation partners. Trees Atlanta also attended the project to advocate for the city's canopy and register volunteers for its fall planting season.
As an added bonus to the public, we assembled stacked ladders as sidewalls and bowling lane flooring reclaimed from Midtown Bowl to create a pop-up bowling lane. Privacy screens used at construction sites were utilized to provide shade at the Park O'Pipes installation.
We would like to thank all volunteers for their time and our activation partners Trees Atlanta, HKS Architects, Brasfield & Gorrie, and Atlanta Community Toolbank for providing material support to bring this activation to life.
Design Team: Daniel Snider, Sammy Shams, David Moore, Justin Kruemmel, Gabriella Melendez
Volunteer Team: K.K. Loy, Ian McNay, Jiho Choi, Maria Velasquez, Jim Connelly, Patricia Samartzis, Stephanie Estrada, Michael Sena, Scott Morris, Jessica Thompson, Irene Chang
005 - Cascade Heights Bus Stop Shelter
Mobility | August 2018
2324 Cascade Rd SW, Atlanta, GA 30311
In 2018, the City of Atlanta's Department of Planning (DCP) announced the Placemaking Program, which empowers communities to reshape public spaces to enhance their overall physical, cultural and social identities. DCP's Office of Mobility Planning is leading the Placemaking program. The overarching goals of this program are to improve street safety and to transform streets into vibrant, attractive places that benefit the community and businesses alike.
To support the launch, The Pillyr Foundation was brought in to deliver one of two pilot projects to test our the process of the program. We were selected to work on mobility needs for Cascade Heights through a partnership with Atlanta City Studio. The result of our collaboration was a custom designed bus stop shelter at the intersection of Cascade & Beecher. This project would provide Atlanta residents that use MARTA bus 71 with some shelter from the elements, and take advantage of available space at this intersection to demonstrate how design can stimulate activity in the neighborhood's public space.
After the completion of several community engagement meetings, three distinct options were developed with residents and the city deciding on the design that was installed during the summer. The structure is welded steel columns working as flitch beams with painted pine board on either side of the steel giving it its rigidness. Each bay is connected by steel tube standoffs, while the polycarbonate roof and back panels act a shear wall and provide shelter under a printed abstraction of the oak tree canopy that is so prevalent in Cascade Heights. The back panels extend the canopy abstraction while communicating the Cascade Heights name. Custom fold-up benches surfaced with poplar boards were installed as requested by the city.
Structural steel was fabricated by Vass Metal Works, while all other contract work was completed in-house at MASS Collective's makerspace. This included concrete work, bench woodworking and welding its steel framework, custom printing the polycarbonate roof panels with ARC, and installation. It should be noted that the Office of Mobility Planning decided to exclude the final fold-up benches due to concerns of liability with the bench mechanism. All follow up work with the project, including the purchase and installation of planters and a static bench, was completed by the city.
Design Team: Kevin Bacon, Vanessa Lira, Daniel Snider, Sammy Shams, David Moore, Gabriella Melendez
Volunteer Team: Pavan Iyer, Laura Quade, Mark Gilbert, Tim Keepers, Xenia Simos, Annaliese Moreno
006 - The Resplendent Playscape
Recreation | July 2019
Colony South, ATL
The Pillyr Foundation, in collaboration with Living Walls, Welcoming Atlanta and a host of other partners, delivered the Resplendent Playscape Project to the Colony South community in south Atlanta. It is our sixth project to date and the second one with fixed deliverables that will remain in place for years to come.
Colony South is one of the last mobile home parks within the city limits and is home to almost eighty, mostly immigrant families. Amongst the various challenges that this community faces, limited availability to safe gathering spaces with poor recreation opportunities led us to join our project partners in support of these families.
Over a period of two weekends in July of 2019, our partnership with the support of over 100 volunteers expanded the site’s existing gathering space and delivered a range of improvements that extend beyond recreation. Based on the same cultural narrative, the featured enhancements for this project include a new free-play structure custom-designed by The Pillyr team and a Living Walls mural designed by artist Patricia Hernandez. Our partnership also delivered new bike racks, free-play concrete blocks, fiberglass seating, and a bus stop waiting area for the children that await their school bus.
The steel structure is made from 6" diameter schedule 40 steel pipe with the curve segments rolled by our steel supplier. Steel fabrication and finish work were completed by Vass Metal Works while the custom netting was made by vendor Incord. In order to eliminate general contracting costs during installation, the structure was designed as four separate components that could be assembled on-site with a forklift and at least a dozen helpful volunteers. The structure's placement was calculated to ensure it did not cross the critical root zone of each tree on-site and thus should not cause any damage after the concrete was poured to anchor it. Once secure, the custom netting was quickly attached.
This project was seven months in the making and our most ambitious to date. We thank Kaboom!, Target, and the City of Atlanta for funding this project. We are grateful to every volunteer that offered their time from our regulars to the new friends and supporters that we made. Their contributions and the in-kind donations offered by businesses across metro Atlanta helped us stretch our funding, come under budget and save close to $80,000 in expenses.
We would like to acknowledge the following in-kind material, rental, and food contributors to this project:
The City of Atlanta Department of Public Works, The City of Atlanta Office of Enterprise Asset Management, Argos USA, SOPO Bicycle Cooperative, Arborguard, ATL Nativescapes, Food Forest at Browns Mill, Sunbelt Rentals, Noni's, Lotta Frutta, Chipotle, Chick-Fil-A, King of Pops, J's Chicken, El Ponce, Chong Qing Hot Pot, Luisa Fernanda Cardona, & Gabriella Oviedo.
Design Team: David Moore, Daniel Snider, Sammy Shams, Gabriella Melendez, Tim Keepers, Jiho Choi
007 - ASA Cascade Rehab Project
Tactical Urbanism | September 2019
Cascade @ Westwood Avenue, West End, Atlanta
At the end of Summer 2019, we were approached by Atlanta Bicycle Coalition with the opportunity to deliver a tactical urbanism pilot project in conjunction with the Atlanta Streets Alive Southwest. Dubbed the "ASA Cascade Rehab Project", it is located along Cascade Avenue in southwest Atlanta on the block between Ralph David Abernathy Blvd SW and Westwood / Donnelly Avenue SW. Funding was provided by AARP Georgia through their Livable Communities Grant and the project was coordinated with the city's Office of Mobility Planning. We utilized the street closing permit of Atlanta Streets Alive to execute the project with a dozen volunteers.
The goal of the project was to address the following pain points:
1) An unusually wide curbside lane that suggests an extra passing lane before it narrows at intersections and creates dangerous conflict points.
2) The turning radii of the intersection encourages cars to maintain higher speeds as they endanger pedestrians when they turn.
3) Crosswalks were either missing, hard to see, or quite long to cross on such a busy vehicular corridor.
4) Visibility of pedestrians was relatively poor.
Prior to Atlanta Streets Alive we worked with Atlanta Bicycle Coalition to collect community feedback about the dangers they experience along Cascade Road and making sure they were aware of the pilot project that would test if any of our proposed solutions improved safety and changed driver behavior.
Our solutions to the pain points of this project location included:
1) Utilizing painted curb extensions to narrow the curbside driving lane so cars would stop passing one another in an exceptionally wide lane.
2) Added flex posts and planters as vertical elements for visibility.
3) Made the turning radii of specific intersection corners much tighter so cars would have to slow down before turning, and also to reduce the crossing distance for pedestrians.
4) Added a crosswalk across Cascade Avenue that should make it safer and easier for cars to notice that they must yield to pedestrians.
5) Having the pilot last for at least 3 months then observed to confirm if the solutions had any positive effect.
The project timeline was less than two months and executed in less than 8 hours. At the event, we collected stakeholder feedback and provided attendees with education about the benefits of traffic calming design strategies and what those reclaimed spaces can become to benefit the community. That information was shared with our project partners, including the City of Atlanta, with the hope that these improvements are realized as permanent upgrades via an interim design strategy or a capital project along the Cascade Corridor when it is resurfaced.
The results of the project proved that adding curb extensions even with paint could influence driver behavior as the narrower curbside lane slowed down vehicular speeds and discouraging cars from passing one another. The curb extensions and crosswalks at the intersection also made it safer for pedestrians to cross. Further feedback from the community given to Atlanta Bicycle Coalition also confirmed that they valued the results and hoped to see some of these strategies implemented in the future when the street is resurfaced.
We would like to thank our volunteers for executing this project on behalf of our mission.
Design Team: David Moore, Daniel Snider, Sammy Shams
Volunteers; Brian Lesko, Laura Quade, Brent Brewer, Tawny Powell, Patricia Hernandez, Zia Musa, Parker Stewart, Sarah Woynicz, Juan Felipe Diaz
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The Pillyr Foundation, Inc.
250 Piedmont Avenue NE #1108
Atlanta, GA 30308
(470) 588-2851
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Last updated January 21, 2019
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Last updated January 21, 2019
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- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
User Generated Contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
Contribution License
By posting your Contributions to any part of the Site , you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-Party Websites & Content
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
Intellectual Property
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
Term and Termination
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION OR DELETE YOUR PROFILE AND CONTRIBUTIONS IN THE SITE. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications & Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles.
Dispute Resolutions
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 (thirty) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Fulton County, GA. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Fulton County, GA, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than two (2) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO WHAT IS PERMISSIBLE BY APPLICABLE LAW. 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Date
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
California Users & Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
The Pillyr Foundation, Inc.
250 Piedmont Avenue NE #1108
Atlanta, GA 30308
(470) 588-2851
info@pillyr.org