At Lifeworks, our unique approach begins with your family’s values and vision, helping you to connect your financial assets—your life’s work—with what is most important to you. We believe that each client needs to have a well-documented strategic plan that serves as a roadmap for how they can live the life they want. We also believe in a simplified and transparent fee structure to get you there: No commissions. No hidden fees. No trading fees or account fees.
Non-Client User ServicesThe services provided by Lifeworks will depend on whether you are a Client of Lifeworks. For Users who are not Clients of Lifeworks, you agree and understand that your use of the Website is solely for educational purposes only and that it is not intended to provide legal, tax, or financial planning advice. For Users who are not Clients of Lifeworks, you agree that you are responsible for your own investment research and investment decisions, that Lifeworks is only one of many tools you may use as part of a comprehensive investment education process, that you should not and will not rely on Lifeworks as the primary basis of your investment decisions and, except as otherwise provided for herein, Lifeworks will not be liable for decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a User of the Website or information you otherwise see on our Website.
Client User ServicesFor current Clients of Lifeworks, Lifeworks provides investment advisory services, including (a) Financial Planning Services and (b) Wealth Management Services, as well as related services such as (c) financial account aggregation services via the Lifeworks Website. In providing its services, Lifeworks or any of its affiliates may, subject to applicable laws and regulations, engage unaffiliated vendors or other contractors to aid it in fulfilling its duties or to provide ancillary enhancements or features of the services contemplated herein. Additionally, in performing its obligations, Lifeworks may, at its own discretion, delegate any or all of its discretionary investment, advisory, and other rights, powers, and functions hereunder to any of its affiliates or to any third parties, without your written consent, provided that Lifeworks shall always remain liable to you for its obligations hereunder.
(a) Financial Planning ServicesFinancial Planning Services (FP Services) may include recommendations for portfolio customization based on your investment objectives, goals, and financial situation. FP Services may also include investment planning, retirement planning, personal savings, education savings, and other areas of the Client’s financial situation. In providing FP Services, Lifeworks will first develop a course of activity for the specific area of the Client’s financial situation. If the FP Services are ongoing, Lifeworks will monitor the activities on an ongoing basis to ensure that the FP Services are continuing to meet the Client’s goals and objectives, and will develop updated recommendations as needed. For the implementation of investment recommendations by Lifeworks, the Client must also enter into a Wealth Management Agreement with Lifeworks. For more information regarding these services, please visit and read the Wealth Management Agreement.
(b) Wealth Management ServicesLifeworks, pursuant to our separate Financial Planning Services Agreement, will develop a plan that identifies your financial and other goals. After identifying your goals, Lifeworks utilizes a risk-based approach in order to build out asset allocation strategies and investment portfolios for you. Once a risk model and asset allocation for you has been developed, Lifeworks selects investments, positions, and strategies, and will utilize one or more portfolios (the “Portfolios”) for your account (the “Account”), which may be developed by Lifeworks, third parties, or affiliates, and are designed to allocate assets among stocks, mutual funds, exchange-traded funds (“ETFs”), and other securities. Lifeworks will manage the Portfolio on a discretionary basis. In addition, Lifeworks may allocate portions of your Account to third-party managers (“Third Party SMAs”). For more information regarding these services, please visit and read the Wealth Management Agreement.
(c) Website Features and Synced AccountsLifeworks provides financial account aggregation services via the Website (each, a “Synced Account”). Lifeworks will retrieve certain financial account information, such as your account balances and holdings, from financial institutions you designate using third-party services called Yodlee, Inc. (“Yodlee”). By using Yodlee to connect a linked checking account, credit card or to designate a checking account as one of Client’s Synced Accounts, Client acknowledges and agrees Lifeworks will collect data about cash outflows from that account. Use of the Synced Account services is completely voluntary and at Client’s option. Client understands and agrees that use of Synced Accounts is subject to Yodlee’s terms and conditions, which may impose important limitations on the circumstances and degree of Yodlee’s liability. Client understands and agrees that Lifeworks’s recommendations and other services will not be based on Synced Accounts (or any financial accounts other than the Accounts held with Lifeworks).
Lifeworks is not responsible for and cannot guarantee the accuracy of information about Client that Lifeworks receives from the Synced Accounts. Lifeworks may not be able to foresee or anticipate technical or other difficulties that may result in failure to obtain data from your voluntary use of the Synced Account services. Client further understands that Lifeworks will typically not attempt to refresh the data from the Synced Accounts more than once a day, but may do so less often for a variety of reasons, including connectivity issues and access restrictions imposed by other parties. Except for Lifeworks’s malfeasance or gross negligence, Lifeworks assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, loss of user data, communications, or personalization settings. Client shall confirm the accuracy of Synced Account data through sources independent of Lifeworks.
3. User Eligibility
Use of the Website is void where prohibited. Your use of the Website constitutes your representation that (1) all information you submitted in your registration is truthful and accurate; (2) that you will update your registration information when changes occur; (3) that you are at least 18 years of age; (4) that, if you are under the age of 18, you have the authorization of your legal guardian; and (5) that your use of the Website does not violate any state, federal, or other law which applies in your jurisdiction.
4. Accessing the Website and User Consent
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notification. When logged in, you may customize, modify, and in some cases deactivate alerts by adjusting the settings accordingly.
We never include your password in these communications, but we may include your name, or email address and information about your portfolio(s) if you are a Client. Anyone with access to your e-mail or mobile device will be able to view these alerts.
You may unsubscribe from marketing oriented emails at any time.
5. Mobile Devices and Face and Finger Recognition
6. User Consent to Share User’s Information with Service Providers or to a Third-Party in the Event of a Merger Sale, or Other Asset Transfers
Lifeworks uses third parties to assist us in operating our Website, conducting our business, and servicing you, so long as those parties agree to keep your information confidential.
Those trusted third-party partners may:
- Provide you and our company, and its affiliated companies with various services
- Provide database maintenance and security
- Help us manage transactions
- Help us process and fulfill orders or requests
- Create an account on such third-party site to provide various services to you
- By using this Website, the User consents to Lifeworks sharing the User’s information with its service providers and their service providers.
7. User Contributions
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers.
8. Content Standards
The following Content Standards apply to any and all User Contributions and use of Interactive Services. You are responsible for any and all User Contributions, including without limitation data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links which you post to the Website. Please use common sense when posting Content to the Website. Postings which may violate any state, federal, or other law which applies in your jurisdiction, whether civil or criminal, are strictly prohibited. Refrain from posting any Content which contains profanity or nudity. Lifeworks reserves the right to reject, refuse to post, or delete any Content for any reason, including, but not limited to, Content which, in the sole judgment of Lifeworks, violates this Agreement or which otherwise may be deemed offensive or rude. Lifeworks does not assume responsibility for monitoring user posted Content. However, if you believe you have identified a violation of this Agreement, please report the abuse to the Privacy Officer whose contact information is listed below.
9. Lifeworks Intellectual Property and Trademark Rights
The Website, its features, and functionality including but not limited to the software, displays of information (including text, audio, video, images) and the design, selection, and arrangement thereof are owned by Lifeworks and are protected by copyright and other intellectual property or proprietary rights laws.
All content posted by Lifeworks is protected by copyright laws and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any commercial or for profit manner without the prior written consent of Lifeworks.
Lifeworks and related logos are subject to copyright and trademark protections. You must not use such marks without the prior written permission of Lifeworks.
10. Authors and Bloggers
As stated below, Lifeworks does not warrant any of the information provided on the Website. Please use common sense when reviewing articles and blogs posted by our staff or community members. You should not rely in any way on any information posted on the Website.
The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser’s or sponsor’s materials.
13. Online Payments
LIFEWORKS USES A THIRD-PARTY PAYMENT AND PAYMENT CARD INFORMATION, FOR EXAMPLE DEBIT OR CREDIT CARD INFORMATION (“PCI”), PROCESSOR. BY MAKING ONE-TIME OR SCHEDULING RECURRING PAYMENTS TO LIFEWORKS THROUGH OUR WEBSITE AND SOFTWARE, YOU CONSENT TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL FINANCIAL ACCOUNT AND PCI INFORMATION BY LIFEWORKS AND OUR SERVICE PROVIDERS FOR THAT PURPOSE.
You may request termination of your User Account at any time and for any reason by sending an email to email@example.com.
15. Non-Client User Limitation of Liability and Indemnification
As non-Client User, you agree and understand that your use of Lifeworks is for educational purposes only and is not intended to provide legal, tax, or financial planning advice. You agree as a non-Client User that you are responsible for your own investment research and investment decisions, that Lifeworks is only one of many tools you may use as part of a comprehensive investment education process, that you should not and will not rely on Lifeworks as the primary basis of your investment decisions and, except as otherwise provided for herein, Lifeworks will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive as a User of Lifeworks or information you otherwise see on our website.
The liability, if any, of Lifeworks and its agents, servants, representatives, members, officers, and employees with regard to your use of the Website for any claims, costs, damages, losses, and expenses for which they are or may be legally liable, shall not exceed $25.00. In no event shall Lifeworks and its agents, servants, representatives, members, officers, and employees be liable for indirect, special, or consequential damages.
You agree to indemnify, defend and hold Lifeworks and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates, harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Website.
16. Client User Limitation of Liability and Indemnification
The Client recognizes that investment recommendations made by the Advisor are opinions only. All investments have a potential risk of loss that Clients must understand and be willing to bear before implementing any recommendations from the Advisor. It is further understood that neither the Advisor nor any of its employees are qualified to render legal services or prepare legal documents.
The Client understands and agrees that neither Advisor nor any of its affiliates has made, and is not making, any warranty or guarantee as to the performance or profitability of your account(s) or any part thereof, nor any guarantee that the investment objectives, expectations or targets will be achieved, including without limitation any risk control, risk management, or return objectives, expectations, or targets. Neither Advisor nor any of its affiliates guarantees a specific level of performance, the success of any given investment decision or strategy that Advisor may recommend or undertake, or the success of the overall management of the Account. Investment recommendations or decisions are subject to various market, currency, economic, and business risk—as well as the risk that those investment decisions will not always be profitable or prove to have been wise. The Account may suffer loss of principal, and income, if any, may fluctuate. (See Advisor’s ADV Part 2A for further detail and risk factors.)
To the fullest extent allowed by applicable law, you agree that Advisor and its affiliates, officers, directors, employees, representatives, successors, assigns, and authorized agents (collectively, the “Indemnified Persons”) shall not be liable under this Agreement for their actions or omissions absent their gross negligence, willful misconduct, or violation of applicable law. Except where prohibited by applicable law, Advisor and its Indemnified Persons shall not be liable for damages (including losses, lost opportunities, and lost profits) relating to differences between projected or potential performance and actual results.
Without limiting any other indemnity provision of this Agreement, you shall, to the fullest extent allowed by applicable law, indemnify and hold harmless Advisor and its Indemnified Persons from any loss, damage, or liability arising out of or relating to: (i) any transaction in which Advisor or any of its Indemnified Persons acts directly or indirectly as your investment adviser, absent any willful or grossly negligent conduct by Advisor or such Indemnified Persons; (ii) your failure to provide true, accurate, complete, and current information or to update your information; (iii) decisions and/or actions that you take or authorize third parties (including, but not limited to the custodian) to take on your behalf or that you fail to take; or (iv) any direction or communication you provide with respect to this Agreement or your Account (including deposits, withdrawals, or transfers of assets to or from such account).
Without limiting the generality of the foregoing, except where prohibited by applicable law, Advisor and its Indemnified Persons will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).
The Federal and State securities laws impose liability under certain circumstances on persons who act in good faith. Therefore, this agreement does not constitute a waiver of any Client’s legal rights under common law or Federal and State securities laws.
Subject to applicable law, neither Advisor nor its Indemnified Persons shall be liable for the acts or omissions of their vendors, contractors, or other third parties, including, but not limited to, any ACH operator or the custodian. If the Advisor is responsible for managing only a portion of the Client’s total assets, the Advisor shall not be responsible for the management of any of assets not in the Account or the diversification of all of the Client’s assets.
17. No Waiver
Lifeworks failure to enforce any provision of this Agreement does not waive future enforcement.
18. Disclaimer of Warranty
You expressly agree that use of this Website is at your sole risk. Neither Lifeworks, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, service providers, or licensors (collectively, “Providers”), or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security, or currency of the Content. The Content may contain errors, omissions, inaccuracies, or outdated information. Further, Lifeworks does not warrant reliability of any content displayed or distributed through the Website.
THIS WEBSITE AND THE CONTENT ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. LIFEWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LIFEWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE CONTENT ON THIS WEBSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
NEITHER LIFEWORKS ADVISORS NOR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR ROOT KITS OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DEVICE OPERATING ENVIRONMENT, DATA OR PERSONAL INFORMATION.
19. Governing Law
To the extent federal law does not apply to this Agreement, it shall be construed in accordance with the laws of the State of Michigan without regard to choice of law considerations except for this Section 20, which shall be governed by AAA Rules. Any action, suit, or proceeding arising out of, under or in connection with this Agreement seeking an injunction or not otherwise submitted to arbitration pursuant to this Agreement shall be brought and determined in the State of Michigan and in no other forum. The parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts in any such suit, action or proceeding arising out of or relating to this Agreement.
20. Forum Selection
For all non-Client Users and Client Users who opt-out of the Arbitration Agreement, any dispute arising under or in connection with the Agreement or related to any matter which is the subject of the Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Kent County, Michigan.
For all Client Users, to the fullest extent permitted by applicable law, all disputes and claims between you and Lifeworks and its Indemnified Persons will be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. The scope of this Arbitration Agreement will be construed as broadly as possible, and applies to all disputes and claims between you and one or more of Lifeworks and its Indemnified Persons regardless of when the claim accrues or when it is brought. All issues are for the arbitrator to decide, except that issues relating to the validity, enforceability, and scope of this Arbitration Agreement, including the interpretation of the section of this Agreement entitled “Waiver of Right to Bring Class Action and Representative Claims” below, will be determined by a court in Grand Rapids, Michigan and not the arbitrator.
Right to Opt Out of This Arbitration AgreementYou are not required to accept arbitration even though you must sign a Financial Planning Services Agreement or Wealth Management Agreement (“Client Agreement(s)”) to be a Client of Lifeworks. You may opt out of this Arbitration Agreement within the first 60 days after you enter into a Client Agreement by sending Lifeworks an e-mail to firstname.lastname@example.org that contains your printed name and the words “Reject Arbitration” in the subject line. If you opt out of this Arbitration Agreement, any prior arbitration agreement shall remain in force and effect.
How Arbitration WorksEither party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Any arbitration hearing shall take place in Grand Rapids, Michigan, unless you and Lifeworks otherwise mutually agree to a different venue.
Waiver of Right to Bring Class Action and Representative ClaimsAll arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including compensatory, statutory, and punitive damages; attorneys’ fees; and declaratory, injunctive, and equitable relief. However, any relief must be individualized to you and shall not affect any other Client. The arbitrator is also empowered to resolve the dispute with the same defenses available in court, including but not limited to statutes of limitation. You and Lifeworks also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and LIFEWORKS HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, TO ASSERT OR PARTICIPATE IN A PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. If a court decides that applicable law precludes enforcement of any of this section’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. Lifeworks and its Indemnified Persons do not consent to, and the arbitrator shall not have authority to conduct, any class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims, under any circumstance.
21. Notice to Lifeworks
All notices to Lifeworks under this Agreement may be sent using the following information.
Kurt Van Dyken
Email address: email@example.com
Postal address: 4095 Park East Court, Suite C Grand Rapids, MI 49546