I. AGREEMENT BETWEEN USER AND PAYLUME.COM
a. Welcome to PAYLUME.COM. The PAYLUME.COM website (the “Site”) is comprised of
various web pages operated by Fresh Start Mediation Services (“FSM SVC”). PAYLUME.COM is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of PAYLUME.COM constitutes your agreement to all such Terms. Please read these terms carefully, and FSM SVC encourages you to always keep a copy of them for your personal reference.
b. PAYLUME.COM is an extension of “Fresh Start Mediation Services” as such this “Site” is an FSM SVC “Site”/ “Property”. Meaning, that this “Site” is used for the sole purpose of providing an “electronic alternative source/entity” for the named mediation firm. FSM SVC is not a law firm as such, our offices does not practice law nor provide legal, tax, etc. advice; outside of the parameters of “mediation” depending on the governing ruling law.
II. PRIVACY
a. Your use of is subject to FSM SVC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
III. ELECTORNIC COMMUNICATIONS
a. Visiting or sending emails to FSM SVC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, updates, responses, and any other forms of communication that we provide to you electronically, via email, text messaging (SMS data charges and other fees/charges may apply depending on you cellular phone network plan) and on the Site, satisfy any legal requirement that such communications be in writing.
IV. YOUR ACCOUNT
a. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/ mobile device, and you agree to accept responsibility for all activities that occur under your account for password. You may not assign or otherwise transfer your account to any other person, business, or entity. You acknowledge that FSM SVC is not responsible for third party access to your account that results from theft or
misappropriation of your account. FSM SVC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
V. CHILDREN UNDER 13
FSM SVC collects personally identifiable information from children under the age of thirteen.
FSM SVC collects this information for the following reason(s):
i. We provide information about our personal data practices for children on our home page
and wherever we knowingly collect personal data from children on our Web site. If you
are under the age of thirteen, you must ask your parents or guardian for permission to use this website. If you are a parent or guardian and you have any questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 19 you may use PAYLUME.COM only with the permission of a parent or guardian.
VI. LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
a. PAYLUME.COM may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FSM SVC and FSM SVC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FSM SVC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FSM SVC, of the Site or any association with it operators.
b. Certain services made available via PAYLUME.COM are delivered by third party sites and organizations. By using any product, service, or functionality originating from the PAYLUME.COM domain, you hereby acknowledge and consent that FSM SVC may share such information and data with any third party with whom FSM SVC has contractual relationship to provide the requested product, material, service, or functionality on behalf of PAYLUME.COM users and customers.
VII. NO UNLAWFUL OR PROHIBITED USE/ INTELLECTUAL PROPERTY
a. You are granted a non-exclusive, non-transferable, revocable license to access and use PAYLUME.COM strictly in accordance with these terms of use. As a condition of your use of the Site in any manner which could be considered (but not limited to or not excluding); “damage”, “compromise”, “leak”, “solicit”, “disable”, “unauthorized access or unauthorized use”, “overburden” or “impair” the Site or interfere with any other party’s “use”, “information”, “data”, and overall “enjoyment” of the Site. You may not obtain or attempt to obtain any/all materials or information through any means not intentionally, made available, or provided for through the Site.
b. All content included as part of the Service, such as text, graphics, logos, images, as well as; the compilation thereof, and any software used on the Site, is the property of FSM SVC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyrights and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
c. You will not “modify”, “publish”, “transmit”, “reverse engineer”, “promote”, “participate” in the transfer or “sale”, “create derivative works”, or in any way “exploit” any of the “content”, in whole or in part, found on the Site. FSM SVC “content” is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any/ all “protected”/ ‘unprotected” “content” and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely or your personal use, and will make no other use of the “content/ process” without the express written permission of FSM SVC and the copyright owner (A.A. Placek). You agree that you do not acquire any ownership rights in any “protected”/ “unprotected” “content”. We do not grant you any licenses, express or implied, to the intellectual property of FSM SVC or our licensors except as expressly authorized by these
Terms.
VIII. USE OF COMMUNICATION SERVICES
a. The Site may contain multiple “online communication” tools/ equipment (email, service board, customer service outlet, etc.) or other direct messaging or communication facilities designed to enable you to communicate with the appropriate correspondent/ representative(s) with either an individual or considered but not limited to a staff at large or with a group (collectively, “Communication Services”). You agree to use the Communication Service only to upload requested information/ documents, interface with designated contact correspondence manager(s), and send and/or receive messages and materials that are proper and appropriate in relation to your specific/particular Communication Service.
b. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: “defame”, “abuse”, “self-exploit”, “harass”, “stalk”, or “threaten or otherwise” violate the legal rights (such as rights or privacy and publicity) of others: “publish”, “post”, “upload”, “distribute”, or “disseminate”; any “inappropriate”, “profane”, “defamatory”, “fraudulent/false written claims/reviews”, “infringing”, “obscene”, “indecent” or unlawful
“topic”, “name”, “material”, or “information”; upload files that contain software (“malicious”,
“malware-spyware”, “ electronic trojan-horse based” or an unauthorized device) or other
material protected by intellectual property laws (or by the rights of privacy and publicity) you by no means have the right/ consent to; upload files that contain viruses, corrupted files, leak private or sensitive information, or any other similar software or programs that may damage the operation of this Site or of another’s computer/ mobile device: advertise or offer to sell or buy any “goods” and/or “services” for any personal or business purpose. In example but not in limitations to; conduct or forward surveys, contests, pyramid schemes, or inappropriate chain letters; download any file posted by another user of any Communication Service (including this one) that you know or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author/ user attributions, legal or other proper notices or proprietary
designations or labels of the origin of source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from “using” and “enjoying” the Communication Service; violate any code of conduct or other guideline which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including but not limited to emails addressed, sensitive personal HIPPA/ Medical information, etc., without their consent; is a direct and blatant violation of any applicable laws or of standard practices and regulations.
c. FSM SVC has overall authority over the Communication Service. However, FSM SVC reserves
the right to prereview material posted/sent to a Communication Service to keep in accordance
with and remove any material in its sole discretion or that is “considered” to be a direct violation of the Communication Service. FSM SVC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
d. FSM SVC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FSM SVC’s sole discretion.
e. FSM SVC always encourages you to use caution especially when giving out any/all personal or sensitive identifiable information about yourself or your children in any Communication Service. FSM SVC does control and endorse its content, messages and items found on Site. FSM SVC does not control or endorse any other considered; content, messages, or information found
outside or within a separate Communication Service and therefore, FSM SVC specifically
disclaims any liability with regard to the Communication Service and any actions resulting from your “participation” an any Communication Service. Managers and hosts are authorized/
commissioned by FSM SVC, however any outside views, perspectives, beliefs do not necessarily reflect those in part or whole of FSM SVC.
f. Materials uploaded to a Communication Service may be posted limitation on usage, reproduction and/or dissemination. You are solely responsible for adhering to such limitations/ consequences if you upload the materials.
IX. MATERIAL PROVIDED TO PAYLUME.COM OR POSTED ON ANY
FSM SVC WEB PAGE
a. FSM SVC does not claim ownership of the materials that you voluntarily provide to PAYLUME.COM (including feedback and suggestions) or post, upload, input or submit to any FSM SVC Site or our associated services (collectively “Submissions”) Unless otherwise agreed upon by FSM SVC and you the user/ consumer. However, by submitting, uploading, posting, inputting, providing any or all your Submissions you are granting FSM SVC, and our affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
b. No compensation will be paid with respect to the use of your Submission, as provided herein. FSM SVC is under no obligation to submit or use any Submission you may provide and may remove any Submission at any time in FSM SVC’s sole discretion.
c. By submitting, uploading, inputting, or posting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in the section including, without limitation all the rights necessary for you to provide, post, upload, input, or submit the mutual voluntary Submissions.
XIII. ARBITRATION
a. In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator/ mediator mutually agreed upon not biased party either appointed/administered by the American Arbitration Associates or similar arbitration/mediation service/company mutually accepted by the involved parties, in a location/ platform that is accepted by the parties involved. The arbitrator/ mediator’s award shall be final, and the full rule of law (IE: judgement) to be entered upon it in any court having ruling jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns towards these Terms and Conditions, the prevailing party shall be entitled to recover its expended costs, reasonable resources and attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the appointed Arbitrator/Mediator. The arbitration provision shall survive the termination of these Terms and Conditions.
XIV. CLASS ACTION WAIVER
a. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FSM SVC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or
class proceeding.
XV. LIABILITY DISCLAIMER
a. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FRESH START MEDIATION SERVICES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME OR WHEN NECESSARY.
b. FRESH START MEDIATION SERVICES AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOVE THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FRESH START MEDIATION SERVICES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
c. TO THE MAXIMUM PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRESH START MEDIATION SERVICES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FRESH START MEDIATION SERVICE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE, AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
XVI. TERMINATION AND RESTRICTION
FSM SVC reserves the right, in its sole discretion, to terminate your license/access to the Site and the related services or any portion thereof at any given time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the entity’s origin State of Florida and your hereby consent to the exclusive jurisdiction and venue of courts in Florida in accordance with any/all disputes arising out of or relation to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these
Terms, including, without limitation, this section.
b. You agree that no joint venture, partnership, long term employment, or agency relationship exists between you and FSM SVC as a result of this agreement or use of the Site. FSM SVC’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of FSM SVC’s rights to comply with governmental, court, and law enforcement requests/ inquiries or requirements relating to your use of the Site of information voluntarily provided to or gathered by FSM SVC with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth with the intent of the original provision and the remainder of the agreement shall continue in effect.
c. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FSM SVC with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and FSM
SVC with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are to be written in English.
XVII. CHANGES TO TERMS
FSM SVC reserves the right, in its sole discretion, to change the Terms under which PAYLUME.COM is offered. The most current version of the Terms will supersede all pervious versions. FSM SVC strongly encourages you to periodically review the Terms to
stay informed of our internal system updates.
XVII. CONTACT US
a. FSM SVC welcomes your questions, comments, or concerns regarding the Terms:
Fresh Start Mediation Services
b. Email Address:
[email protected]
c. Telephone Number:
d. FAX:
(941)-216-0161
Effective 11 September 2025
