Terms of Use
Table of Contents
1. Mission
2. Services
Non-Client User Services
The 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 Services
For 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 Services
Financial 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 Services
Lifeworks, 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 Accounts
Lifeworks 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).
3. User Eligibility
4. Accessing the Website and User Consent
6. SMS/MMS Text Message
1. Consent and Enrollment
By providing your mobile phone number and opting in to receive text messages from Lifeworks Advisors, you expressly consent to receive informational, transactional, promotional, telemarketing, advertising, and service-related SMS/MMS messages using an automatic telephone dialing system or prerecorded/artificial voice or prerecorded or artificially generated message. Consent is not a condition of purchasing any goods or services from Lifeworks Advisors.
2. Types of Messages
You may receive messages including but not limited to: appointment reminders, account notifications, service updates, security alerts, and other communications related to your relationship with Lifeworks Advisors.
3. Message Frequency and Costs
Message frequency may vary based on your account activity and interactions with our services. Standard message and data rates may apply as determined by your mobile carrier. Please contact your carrier for pricing plan details.
4. Opt-Out and Help
You may opt out of text messaging at any time by replying STOP to any message. You will receive a confirmation message acknowledging your opt-out request. For assistance, reply HELP or contact us at 616-200-6512 or support@lifeworksadvisors.com.
5. Phone Number Changes
You agree to notify Lifeworks Advisors immediately if you change your mobile phone number or if the number is transferred to another person. You may update your contact information by logging into the portal.
6. Supported Carriers
This service is available on major U.S. carriers including but not limited to AT&T, Verizon, T-Mobile, Sprint, and others. Coverage and message delivery may vary by carrier.
7. Privacy and Data Retention
All SMS/MMS message content is retained for compliance and record keeping purposes in accordance with applicable regulations. For information about how we collect, use, and protect your information, please see our Privacy Policy.
8. No Liability for Delivery Issues
Lifeworks Advisors is not liable for delayed or undelivered messages, or for issues related to your mobile carrier’s service, coverage, or technical problems.
9. Modification and Termination
We reserve the right to modify or terminate the text messaging service at any time with or without notice. We may suspend or terminate your access if you violate these terms.
10. TCPA Compliance
By consenting to receive text messages, you acknowledge that you have read and agree to these terms and that your consent satisfies the express written consent requirements under the Telephone Consumer Protection Act (TCPA).
11. ESIGN Disclosure Statement
The Electronic Signatures in Global and National Commerce Act (ESIGN) requires that you are provided with certain disclosures for an electronic signature to satisfy a writing requirement, including your express written consent under TCPA. You have the right to receive these disclosures on paper. However, Lifeworks Advisors may provide such information to you electronically, including by text, email, or on our website, if we first present this disclosure and obtain your consent to receive electronic communications. We may provide communications electronically, including by text, email, or on our website, that we may otherwise be required to provide on paper and you are holding us harmless from providing same.
In order to access, view, and retain electronic communications that we make available to you, you must have a computer, mobile device, or other electronic device with internet connectivity, sufficient storage space and an internet browser capable of 128-bit encryption; a valid e-mail account and email software capable of receiving electronic communication from us in HTML – or – text-formatted messages; and a valid phone number capable of receiving SMS/MMS text messages.
We will not send you a paper copy of any communication unless you request it. You have the right and may obtain a paper copy of an electronic communication by printing it yourself or by requesting a paper copy. To request a paper copy contact us by email at support@lifeworksadvisors.com or by mail at 4095 Park East Court, Suite C Grand Rapids, MI 49546. The copy request must contain your name, your address, contact phone number, and a description of the requested communication. We may charge a fee for the cost of providing a paper copy. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any communication that you have authorized us to provide electronically. Such communications shall be mailed to the primary address for you in our records or otherwise delivered as required by law or other governing agreement.
All communications in either electronic or paper format from us to you will be considered “in writing”. Please print or take a screen shot and retain a copy of this disclosure and any other communication that is important to you.
You may withdraw your consent to receive communication in electronic form by contacting us by email at support@lifeworksadvisors.com or by mail at 4095 Park East Court, Suite C Grand Rapids, MI 49546.
It is your responsibility to provide us with a true, accurate and complete email address, phone number, or other contact information related to this disclosure and your account, and to maintain and update promptly any changes in this information. You can update your contact information on our website or by contacting us by email at support@lifeworksadvisors.com or by mail at 4095 Park East Court, Suite C Grand Rapids, MI 49546.
We reserve the right at our sole discretion to discontinue the provision of your electronic communication, or to terminate or change the terms and conditions on which we provide electronic communication. We will provide you with notice of any such termination or change as required by law.
7. 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
- 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.
8. User Contributions
9. Content Standards
10. Lifeworks Intellectual Property and Trademark Rights
11. Authors and Bloggers
12. Advertisers
13. Privacy
14. Online Payments
15. Termination
16. Non-Client User Limitation of Liability and Indemnification
17. Client User Limitation of Liability and Indemnification
18. No Waiver
19. Disclaimer of Warranty
20. Governing Law
21. Forum Selection
Right to Opt Out of This Arbitration Agreement
You 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 kurt@lifeworksadvisors.com 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 Works
Either 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 Claims
All 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.
22. Notice to Lifeworks
Kurt Van Dyken
Email address: support@lifeworksadvisors.com
Postal address: 4095 Park East Court, Suite C Grand Rapids, MI 49546
5. Mobile Devices and Face and Finger Recognition