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Terms of Service

Effective Date: September 12, 2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.

1. I understand and agree that Flowbo Inc. (“usemomentum.ai,” “usemomentum,” “Momentum,” “Flowbo,” “Company” or “Site”) is not a law firm or an attorney, may not perform services performed by an attorney, and its forms or templates are not the substitute for the advice or services of an attorney. Rather, Momentum will connect me with an independent attorney in this legal matter. No attorney-client relationship or privilege is created with Momentum.

2. If, prior to my purchase, I believe that Momentum gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.

3. I understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the Momentum Arbitration Agreement, contained in Paragraph 16, below.

4. I UNDERSTAND THAT THE MOMENTUM DOES NOT REVIEW MY ANSWERS ASIDE FROM SPELLING AND COMPLETENESS. THE ONLY REVIEW WILL BE UNDERTAKEN BY MY INDEPENDENT ATTORNEY, SEPARATELY RETAINED. I WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT, WHERE APPLICABLE, AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).

5. I hereby direct Momentum to give my Independent Attorney (as defined below) access to my account in connection with my Independent Attorney’s provision of legal services to me. In order for Momentum and my Independent Attorney to effectively complete my matters, I must provide all necessary documentation, information, and other required materials in a timely fashion. I must also otherwise cooperate with Momentum and my Independent Attorney with respect to my matters as either of them may reasonably request from time to time. Failure to provide such reasonable cooperation may negatively impact the quality of the services I receive, cause the delay or denial of immigration applications, and result in termination of this Agreement and any associated representation by my Independent Attorney.

6. I understand that while Momentum may collect payment in a single transaction, the portion of payment due to my Independent Attorney will go directly from the merchant services credit or debit card processor to the Independent Attorney’s account and the portion of payment due to Momentum will go directly from the merchant services credit or debit card processor to Momentum’s account. Neither Momentum nor the Independent Attorney will split or share your payment. Should Momentum not collect a single payment in a single transaction, I understand I will pay Momentum its fee directly during the checkout and payment process and the attorney will invoice me separately for legal services. Whether my transaction will include a single payment or two separate transactions will be clearly confirmed during checkout and not impact the total price.

7. Limitation of Liability and Indemnification.

EXCEPT AS PROHIBITED BY LAW, I WILL HOLD MOMENTUM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MOMENTUM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MOMENTUM, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CUSTOMERS.

8. Terms of Use.

I understand that the Site's general terms of use (the "Terms of Use") also apply to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and agree to those Terms of Use, which are incorporated herein by reference.

10. Attorney Access.

  • Attorney access is provided through independent attorneys (“Independent Attorney”). My relationship with the Independent Attorney is governed by their Representation Agreement.
  • Momentum will provide an introduction to one or more independent attorneys to assist in my matter, as well as administrative support, filing and processing services, and miscellaneous support services to those attorneys, at their supervision and direction pursuant to applicable laws and rules of professional responsibility.
  • Momentum does not provide legal services. My Independent Attorney is a third-party independent contractor who agrees to provide legal services directly to me, not through Momentum, via a separate retention agreement between me and the Independent Attorney. Their contact information is provided as advertising. A conflict check will apply. Momentum will not select an attorney for me. Momentum makes no guarantees as to the substance of the attorney's advice.
  • Nothing shall be construed to limit my right to retain, at my own expense, an unaffiliated attorney. Momentum shall not be obligated to pay for any such services.
  • Professional, Independent Attorney Judgment. The Independent Attorney is not Momentum’s agent or employee. The Independent Attorney shall maintain the attorney-client relationship with you me and is solely responsible to me for all legal services provided. Momentum will in no way influence or attempt to affect the rendering of professional services of the Independent Attorney.
  • Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure. To ensure compliance with requirements imposed by the IRS under Circular 230, Momentum informs me that any U.S. federal tax advice contained in any communication from Momentum (including information provided by my Independent Attorney) is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.

10. ATTORNEY ADVERTISEMENTS. Attorneys advertised on this site are independent attorneys. See the attorney in your area who's responsible for these advertisements. Momentum is not an "attorney referral service" or a law firm.

  • Notice to Alabama customers: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

  • Notice to Missouri customers: The choice of a lawyer is an important decision and should not be based solely upon advertisements.

  • Notice to New York customers: Prior results do not guarantee a similar outcome.

11. Additional Terms.

I understand that my purchase may be subject to additional terms and conditions. Any additional terms provided to me are incorporated herein by reference.

12. Third Party Services.

If I purchased a product that involves third party services, I understand that I may be required to accept additional terms located on the third party's site. The third party may contact me by email and/or phone with instructions on how to access my benefits. MOMENTUM HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. MOMENTUM IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF MOMENTUM AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE MOMENTUM SITE.

13. Future Products and Services.

If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.

14. Abandoned Orders.

I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit. Both parties acknowledge that Momentum is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Momentum for reimbursement of our commitment to service this order.

15. Suspended Accounts.

If Momentum encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that Momentum, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that Momentum disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside Momentum, including me or any authorized contact, until the investigation is complete. Additionally, I understand that Momentum, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that Momentum will not be liable for any delays caused by these policies and procedures.

16. DISPUTE RESOLUTION BY BINDING ARBITRATION OR SMALL CLAIMS

For the purpose of Paragraph 16, “you” and “your” refers to the customer and others as defined below and “we” refers to Momentum.

Please read this carefully. It affects your rights.

Summary:

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at [customer care number]. In the unlikely event that the Company Customer Care Center is unable to resolve your complaint to your satisfaction (or if Company has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Company will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from Company to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.

Under certain circumstances (as explained below), Company will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what Company offered you to settle the dispute.

You may speak with independent counsel before using this Site or completing any purchase.

Arbitration Agreement:

(a) Company and you agree to arbitrate all disputes and claims between us in small claims court or before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;

  • claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);

  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class;

  • and claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to "Company," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, anyone listed on any of your immigration documents.

Notwithstanding the foregoing, either party may bring an individual action in small claims court, or, where the amount at issue is within the venue’s small claims court’s jurisdiction, either party may demand small claims court in lieu of arbitration upon receipt of a Notice of Dispute. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. **You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action. **These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Company should be addressed to: Notice of Dispute, General Counsel, Flowbo Inc., 689 South Catalina Street, Los Angeles, California 90005 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or demand that the matter proceed in small claims court in lieu of arbitration, should the Demand be within the venue’s small claims jurisdiction. During an arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

(c) Should neither party demand small claims court, after Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Company will pay it directly after receiving a written request at the Notice Address.) The Company will not reimburse you for arbitration fees should you commence arbitration after it submits a demand for small claims court in lieu of arbitration. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Company and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Company was a party. Except as otherwise provided for herein, Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney's fees and expenses), the payment of these fees will be governed by the AAA rules.

(d) For claims under $75,000 that proceed in arbitration, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Company's last written settlement offer made before an arbitrator was selected, then Company will:

  • pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater;

  • and pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the "attorney's payment").

If Company did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney's fees or expenses is greater than the value of Company's last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney's fees or expenses you reasonably incurred in connection with the arbitration proceeding before Company's settlement offer.

(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude an arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Company may have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, Company will not seek such an award for claims under $75,000.

(f) An arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company 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. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

17. Filing Fees.

Except as otherwise noted, filing fees may include all mandatory or applicable federal fees, and other transactional fees incurred on my behalf by Momentum.

18. Reviews.

After my purchase, I may receive an email survey request from Momentum. I may also write a review on the Site. If I complete the survey or submit a review, my opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as my first name and last initial, the product I purchased, my gender, city and/or state, and age range. 

19. Access to World Wide Web; Internet Delays.

To use Momentum services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Momentum services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that Momentum is not responsible for delays, delivery failures, or other damage resulting from such problems.

20. Notice to California Residents.

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Digital Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Force Majeure.

Momentum shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, Momentum may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.

22. Right to refuse.

I acknowledge that Momentum reserves the right to refuse service to anyone.

23. I acknowledge that. Flowbo Inc. is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq. Momentum is located at Flowbo Inc., 689 South Catalina Street, Los Angeles, California 90005.

**24. **I acknowledge that I have had the opportunity to view sample templates of Momentum documents and may call Momentum Customer Care at _____ with questions or for assistance locating sample templates.

25. By proceeding with my purchase, I agree to these Terms of Service.

Updated: September 12, 2024