Terms Of Use

Effective Date: August 7, 2019

READ CAREFULLY THE FOLLOWING TERMS OF USE (“TERMS OF USE” OR “TOU”) PERTAINING TO THE LIFEYIELD SYSTEM (AS SUCH TERM IS DEFINED IN SECTION 1 BELOW), BEFORE YOU (REFERRED TO HEREIN AS “YOU,” “YOUR,” “SUBSCRIBER” OR “USER”) CLICK ON THE “ACCEPT” BUTTON.  BY TYPING IN YOUR NAME AND CLICKING ON THE “ACCEPT” BUTTON AND ACCESSING AND UTILIZING THE LIFEYIELD SYSTEM OF LIFEYIELD, LLC (REFERRED TO HEREIN AS “LIFEYIELD”, ‘COMPANY”, ‘WE”, “US” AND “OUR”), YOU (WHETHER AN INDIVIDUAL OR FORMAL LEGAL ENTITY) HAVE CREATED A LEGAL AGREEMENT WITH LIFEYIELD AND YOU AGREE TO BE BOUND BY THESE TERMS OF USE WITH RESPECT TO YOUR USE OF THE LIFEYIELD SYSTEM.  LIFEYIELD MAY REVISE OR UPDATE THESE TERMS OF USE BY POSTING AN AMENDED VERSION THROUGH THE LIFEYIELD SYSTEM AND MAKING YOU AWARE OF THE REVISIONS.   BY CLICKING ON THE “ACCEPT” BUTTON AND, ACCESSING AND UTILIZING THE LIFEYIELD SYSTEM AFTER SUCH UPDATE OR REVISION TO THESE TERMS, OR THROUGH ANOTHER ACCEPTANCE METHOD, YOU AGREE TO BE BOUND BY THE UPDATED OR REVISED TERMS OF USE.

The following additional terms are incorporated into this Agreement as if fully set forth herein:

  • LifeYield’s Privacy Policy
  • Copyright Policy
  • Complaint Policy (including Privacy and Trademark)

1. Grant of License

1.1. License for the LifeYield System. Subject to these Terms of Use and the Privacy Policy, incorporated herein by reference, LifeYield grants to User a personal non-exclusive, non-transferable, limited license to access and use LifeYield Proposal Advantage®, LifeYield Advantage Suite®, LifeYield Portfolio Advantage®, LifeYield Income Advantage®, and/or LifeYield Social Security Advantage®, including the output therefrom, any companion computing applications and data, website information, tools, updates and similar materials delivered or provided by LifeYield (collectively, the “LifeYield System”) solely for the purpose of analyzing different potential financial scenarios on behalf of such User’s clients. In connection with User’s use of the LifeYield System, User will comply with these Terms of Use, the Privacy Policy and applicable provisions of federal and state law. 

1.2. Trademark License. Subject to User’s participation in LifeYield’s Taxficient Score® product offering, and compliance with these Terms of Use and the Privacy Policy, incorporated herein by reference, LifeYield grants to User a personal, non-exclusive, non-transferable, limited license to use its name, and its Taxficient® and Taxficient Score® trademarks (“Marks”) solely in connection with identifying User as participant in such offering.  Such use by User shall be subject to LifeYield’s then-current trademark guidelines as furnished to User, and updated, from time to time.  You acknowledge our sole ownership of the Marks and all associated goodwill and agrees that, except for use of the Marks as approved in advance in writing by us in connection and consistent with this Agreement, you will not directly or indirectly at any time adopt, use, or register any Marks or similar or dilutive identifier, in whole or in part, in connection with any business, goods or services.  User further agrees that the manner of use and display of the Marks will conform to the quality and use standards set and controlled by LifeYield, as amended from time to time.  LifeYield reserves the right to periodically review your use of the Marks, and User agrees to promptly correct any conditions as directed by LifeYield.  User shall cooperate fully with LifeYield to facilitate periodic review of User’s use of the Marks and of User’s compliance with its obligations under this Section.  User agrees that all use of the Marks, and goodwill derived therefrom, by User will inure to the benefit of LifeYield.

1.3. Publicity.You agree and acknowledge that LifeYield may make any public disclosure regarding your use of the LifeYield System, including, but not limited to, placing your name on a list of LifeYield customers available on LifeYield’s website.

1.4. Ownership. User acknowledges and agrees that the LifeYield System and Marks are licensed and not sold. As such, all proprietary rights relating to the LifeYield System (including, without limitation, all patents, copyrights, trademarks, service marks, trade secrets and other intellectual property rights and any enhancements or modifications to the LifeYield System are and will remain the sole and exclusive property of LifeYield or its third-party licensors (“Licensors”), as the case may be, and except as expressly stated in this TOU nothing herein transfers to User any right to or interest in the LifeYield System or any data or component thereof, or any proprietary rights pertaining to the LifeYield System.

1.5. Restrictions. Your use of the LifeYield System is conditioned on your compliance with the terms of these TOU, including but not limited to these rules of conduct.  You agree that you will not violate any applicable law or regulation in connection with your use of the LifeYield System. Without limiting the foregoing, you agree that you will not make available through the LifeYield System any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).  You agree that it is your responsibility keep your user name and password and any other information needed to login to the LifeYield System, if applicable, confidential and secure. You acknowledge and agree that LifeYield will not be held responsible for any unauthorized access to your account or profile by others.  Except as expressly permitted herein, User will not: (i) copy any portion of the LifeYield System; (ii) display, reproduce, alter, modify, adapt, create derivative works from, transmit, publish, sell, distribute, license, sublicense, transfer or in any way exploit the LifeYield System or any portion thereof or embed the LifeYield System into other products; (iii) attempt to access or obtain information or content through the LifeYield System whether through your use (or your allowing any other person to use) any software, program, application or other device, directly or indirectly; (iv) remove or obscure any copyright notice of LifeYield or its Licensors; (v) use the LifeYield System for any timesharing, service bureau, subscription, rental or similar uses; (vi) use any trademarks, service marks, domain names, logos, or other identifiers of LifeYield or its Licensors; (vii) reverse engineer, decompile or disassemble all or any part of the LifeYield System or its applications; (viii) transmit to or make available in connection with the LifeYield System any denial of service attack, virus, worm, Trojan horse, or other harmful code or activity; (ix) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (x) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (xi) submit, post or make available false, incomplete or misleading information to the LifeYield System, or otherwise provide such information to us; (xii) impersonate any other person or business; (xiii) register for more than one account; (xiv) breach or violate any other agreement that you may have with a third-party by your use or access to the LifeYield System; or (xv) stalk, harass, injure, or harm another individual through the LifeYield System.

You further agree not to distribute, upload, make available or otherwise publish through the LifeYield System any suggestions, information, ideas, comments, documents, questions, notes, plans, drawings, proposals, or materials similar thereto ("Submissions") or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials ("Content") that: (i) is unlawful or encourages another to engage in anything unlawful; (ii) contains a virus or any other similar programs or software which may damage the operation of our or another's computer; (iii) violates the rights of any party, or infringes upon the patent, trademark, trade secret, copyright, or other intellectual property right of any party; or, (iv) is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable.

1.6. Content Submitted or Made Available to Us through the LifeYield System. You are under no obligation to submit anything to us or to make any Content available through the LifeYield System and unless otherwise noted, we will not claim ownership of any Content. If, however, you choose to submit any Content to the LifeYield System, or otherwise make available any Content through the LifeYield System, you hereby grant LifeYield a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to process, reproduce, modify, display, perform, distribute, translate, create derivative works from, and otherwise use any such Content, including without limitation distributing part or all of the Content in any media format through any media channels, as well as to commercially use the rights of publicity, persona, image and name of the individuals depicted in such Content within the LifeYield System and incident to the LifeYield System.

By submitting any Content or Submissions to LifeYield, you hereby agree, warrant and represent that: (a) you are authorized to submit the Content or Submission to us for republication through the LifeYield System, and you have secured any necessary licenses or permissions from rights owners relating to the Content or Submission, including but not limited to copyright licenses or licenses to rights of publicity; (b) the Content and Submissions do not contain proprietary or confidential information; (c) the provision of the Content and Submissions, and their use by LifeYield in connection with the LifeYield System, is not and will not be a violation of any third-party's rights or applicable law; (d) all such Submissions and Content are complete, accurate, and true; (e) LifeYield is not under any confidentiality obligation relating to the Content or Submissions; (f) LifeYield shall be entitled to use or disclose the Content or Submissions in any way; (g) you are not entitled to compensation in exchange for the Submissions or Content, and (h) you are not entitled to attribution relating to the Submissions or Content.

The LifeYield System may make it possible for you to choose to share certain information with the public. There are a number of ways in which you can control how much information is shared with the public, and LifeYield will make efforts to comply with your instructions from the options provided to you by LifeYield. You understand that by designating information to be shared through the LifeYield System, you may be revealing information that you choose to share. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that LifeYield shall not be held responsible, and LifeYield shall be released and held harmless by you from any liability or damages arising out of such conduct.

2. Access, User Data and Privacy

2.1. Authorized Users. User agrees that it shall allow access to the LifeYield System solely to itself and its designated authorized users (“Authorized Users”). Accordingly, User will not provide or permit access to the LifeYield System to any third party other than its Authorized Users. User represents and warrants that it, and its Authorized Users, are at least eighteen (18) years old, or the age of majority in the country in which they reside.  User assumes full responsibility for any use of the LifeYield system by User or an Authorized User and by means of User’s Access Codes (as defined below). In connection with its use of the LifeYield System, User will comply (and will ensure its Authorized Users comply) with these Terms of Use, the Privacy Policy and applicable provisions of federal and state law. 

2.2. Access Codes. LifeYield will provide to User, User IDs, passwords, authentication codes or other security devices (“Access Codes”) necessary to access the LifeYield System. User will maintain the confidentiality and security of its own Access Codes.

2.3. Data. The LifeYield System provides specific questions that require input from the User and/or his or her clients (“User Data”) in order to generate certain outputs requested by the User and it is the User’s responsibility to validate any User Data imported by LifeYield into the LifeYield System. LifeYield will not review or undertake to review or approve any data inputs from the User including User Data. In using the LifeYield system to generate any data outputs results or reports, User will be solely responsible for the integrity and security of all data and information that is inputted into the LifeYield System under these Terms of Use and the Privacy Policy, including completeness, accuracy, validity, authorization for use and integrity over time, regardless of form and format. LifeYield is not responsible for loss of data in transmission, improper transmission of data or failure by User or any third party to act on any communication transmission to or by User or LifeYield. LifeYield is not responsible for (i) any failures or delays caused by any third party data provider of User or (ii) any inaccuracies in the data provided by such User its Authorized User(s). If any of the questions provided by the LifeYield System are unclear or User does not understand why certain questions are being asked, User may contact info@lifeyield.com.

2.4. System Reports and Outputs. User acknowledges and agrees that User is solely responsible for the review and approval of all data inputted in the LifeYield System as well as the use of any data, information or services obtained through the LifeYield System. LifeYield will not review or undertake to review or approve any data outputs, results or User-generated reports (“System Reports”) and shall not be responsible for the processing of any such System Reports. User shall be solely responsible for the timely review, approval and, if appropriate, release for execution of any System Reports. 

2.5. Personal Information. Personal Information means data that identifies the User, the User’s clients and/or any of its Authorized Users and is associated with a specific person.  Personal Information does not include information that is anonymous and aggregated or is no longer identifiable to a specific person (i.e. de-identified).User acknowledges and agrees to abide by the LifeYield Privacy Policy, and all applicable laws, in particular those pertaining to data privacy, including, but not limited to, the General Data Protection Regulation (EU/2016/679) and the Graham-Leach-Bliley Act. By using the LifeYield System, User agrees to the Privacy Policy, including any changes published by LifeYield. Further, User agrees that LifeYield may use and maintain User Data (including personal information) according to the Privacy Policy. In addition, User gives LifeYield permission to combine information entered or uploaded in connection with User’s use of the LifeYield System. For example, this means that LifeYield, or third party providers acting on LifeYield’s behalf, may collect and use your and other users’ non-identifiable, aggregated data, comprising financial account balances, other financial account data, or other available data that is collected through your use of the LifeYield System, to conduct certain analytical research, performance tracking and benchmarking, publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve the LifeYield System, assisting in troubleshooting and technical support, or to design promotions and provide ways for you to compare business practices with other users. LifeYield may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

2.6. Policies for Children. The LifeYield System is not directed to individuals under the age of 13.  In the event that LifeYield discovers that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete that child’s information in accordance with the Children’s Online Privacy Protection Act.  Please see Federal Trade Commission’s website (www.ftc.gov) for more information.  Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors.  More information on the availability of such software can be found through publicly available sources.  You may wish to contact your internet service provider for more information.

3. Hosting and Security

3.1. Co-location/Hosting. LifeYield or its third party co-location/hosting provider will host the LifeYield System on servers on its premises. Access by User to the LifeYield System will be via the Internet, provided that User is responsible for separately obtaining an ISP account and paying all associated fees. 

3.2. Security. User acknowledges that while LifeYield has endeavored to make Internet access to the LifeYield system secure and reliable, LifeYield cannot guarantee and is not responsible for the security of information transmitted via the Internet or stored in the LifeYield System.

4. Warranties and Disclaimers

4.1. User Warranty. User acknowledges that the LifeYield System may generate asset allocation models that may or may not be right for his or her client’s investment preferences and do not take into account that such client’s financial goals may change. Further, User understands that the LifeYield System is designed for use by sophisticated financial advisors and User represents and warrants to LifeYield that: User will be either an (a) investment adviser registered with the Securities and Exchange Commission (“SEC”) under the Investment Advisers Act of 1940, or is of equivalent experience and training and has been advised by counsel that (s)he is exempt from such registration, or (b) a duly licensed broker affiliated with a duly licensed broker-dealer and in good standing with the SEC and the Financial Industry Regulatory Authority. User will take all necessary steps to integrate the LifeYield System into its regulatory compliance processes and employ the LifeYield System in a manner consistent with any regulatory obligations that may apply to it.  User further warrants and represents that it has the necessary rights, permission, license, or consent to add any Content or Submissions to the LifeYield System, and that such Content and Submissions do not violate or infringe upon the rights of any third parties including, but not limited to, any intellectual property rights or rights in and to personal information or data privacy.

User will require all clients who are permitted to view and possess any System Reports to acknowledge the Important Information Regarding the LifeYield System in the form provided by LifeYield, an example of which is provided as Schedule A attached hereto, and when applicable, the Important Information Regarding Capital Market Assumptions Used In the LifeYield System set forth in Schedule B. Either Schedule A or Schedule B may be updated from time to time to include different User and/ or client acknowledgment requirements or additional or modified disclosures. User further acknowledges and agrees that in order to use the LifeYield System it may be necessary to use certain third party software and/or data. User represents and warrants that it has obtained the appropriate licenses for any such third party software and/or data.  LifeYield makes no warranties whatsoever, and is not liable in any way, in connection with any software or data provided to User, either directly or through LifeYield, by third parties, regardless of whether such arrangements are required for User to enjoy the full benefit of its rights under these Terms of Use.


4.2. LifeYield Disclaimer. The LifeYield System offers configurable analytic tools based on standardized mathematical formulae and proprietary investment-related information that are  provided by Licensors and others, and in certain circumstances publicly available information, and is not intended to be used by the User to replace human judgment, oversite or more personalized advice that User may provide to his or her clients. The LifeYield System is primarily designed to allow Users to evaluate potential scenarios based on how the User manages investment portfolios. In certain circumstances, the LifeYield System is also designed to allow Users to evaluate and optimize investment portfolios based on one or more of the following parameters: asset allocation models, risk control criteria, benchmarks, tax efficiency and other parameters specified by the User. While LifeYield may offer default parameters, User acknowledges and agrees that LifeYield is not providing investment, tax, legal or other advice through or by granting a license to use the LifeYield System to User as described herein rather, it is supplying a portfolio management tool that the User configures for his or her own use. As such, LifeYield hereby disclaims any liability for any investment recommendations or advice rendered by the User through his or her use of the LifeYield System.

THE LIFEYIELD SYSTEM IS NOT INTENDED TO BE AN INVESTMENT ADVISER OR FIDUCIARY AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO USER, ANY USER CLIENTS, AUTHORIZED USERS OR ANY OTHER PERSON REGARDING THE ADVISABILITY OF ANY TAX OPTIMIZATION OR INVESTMENT STRATEGY. FURTHER, LIFEYIELD DOES NOT OFFER, RECOMMEND OR SELL ANY SECURITIES OR INVESTMENTS AND DOES NOT RECEIVE ANY FORM OF COMPENSATION FOR ANY SECURITIES OR INVESTMENTS PURCHASED BY THE USER. ALTHOUGH THE LIFEYIELD SYSTEM MAY PROVIDE INFORMATION RELATING TO VARIOUS APPROACHES TO THE RECEIPT OF SOCIAL SECURITY BENEFITS AND/OR THE MANAGEMENT OF INVESTMENT PORTFOLIOS, NO USER, USER CLIENT OR ANY AUTHORIZED USER SHOULD CONSTRUE ANY MARKET INFORMATION, FEATURES, TOOLS OR OTHER CONTENT AVAILABLE THROUGH THE LIFEYIELD SYSTEM AS LEGAL, TAX, INVESTMENT, FINANCIAL OR OTHER ADVICE. USER AND ANY AUTHORIZED USERS ALONE ASSUME THE SOLE RESPONSIBILITY OF EVALUATING THE MERITS AND RISKS ASSOCIATED WITH THE USE OF THE LIFEYIELD SYSTEM BEFORE MAKING ANY DECISIONS BASED ON MARKET INFORMATION OR CONTENT CONTAINED IN OR PRODUCED BY THE LIFEYIELD SYSTEM.  USER IS SOLELY RESPONSIBLE FOR THE CONFIGURATION OF THE LIFEYIELD SYSTEM, DETERMINING WHETHER USE OF THE LIFEYIELD SYSTEM IS APPROPRIATE IN PROVIDING SERVICES TO USER’S CLIENTS, VERIFYING THAT THE LIFEYIELD SYSTEM FUNCTIONS TO THE SPECIFICATIONS SELECTED BY USER AND ENSURING THE ACCURACY, ADEQUACY AND SUITABILITY OF THE RESULTS OF USER’S, USER CLIENTS’ AND/OR AUTHORIZED USERS’ USE OF THE LIFEYIELD SYSTEM. USER ASSUMES THE ENTIRE RISK OF THE USE OF THE LIFEYIELD SYSTEM UNDER THIS AGREEMENT AND WILL HAVE FULL RESPONSIBILITY FOR ANY DECISION OR ANALYSIS RELATING TO SUCH USE. USER IS PROHIBITED FROM MAKING ANY STATEMENTS OR REPRESENTATIONS ABOUT LIFEYIELD AND/OR THE LIFEYIELD SYSTEM THAT ARE FALSE, MISLEADING OR OTHERWISE INCONSISTENT WITH THE ROLE OF LIFEYIELD OR THE LIFEYIELD SYSTEM AS DESCRIBED IN THIS TOU.

THE LIFEYIELD SYSTEM AND THE MARKS ARE PROVIDED “AS IS” AND “AS AVAILABLE”.  LIFEYIELD, ITS AFFILIATES AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE LIFEYIELD SYSTEM (AND ANY RESULTS OBTAINED FROM THE USE OF THE LIFEYIELD SYSTEM), THE SERVICES, AND THE MARKS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  NEITHER LIFEYIELD NOR ITS LICENSORS WARRANT THAT THE LIFEYIELD SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE LIFEYIELD SYSTEM IS FREE OF UNAUTHORIZED HIDDEN PROGRAMS, VIRUSES OR OTHER HARMFUL COMPONENTS.

THE LIFEYIELD SYSTEM MAY ALLOW ACCESS TO DATA, INFORMATION, OR SERVICES DISSEMINATED BY OUTSIDE DATA SOURCES.  USER ACKNOWLEDGES THAT LIFEYIELD AND THE THIRD PARTY DATA PROVIDERS DISCLAIM RESPONSIBILITY FOR THE USE, CONTENT, ACCURACY, TIMELINESS, COMPLETENESS OR AVAILABILITY OF SUCH THIRD PARTY DATA, INFORMATION, OR SERVICES AND MAKE NO WARRANTY CONCERNING THE SAME.  USER USES SUCH THIRD PARTY DATA, INFORMATION, OR SERVICES AT ITS OWN RISK.

5. Payment

The LifeYield System is licensed on a payment or subscription basis to which the following terms apply, unless LifeYield notifies you otherwise in writing:

a. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the LifeYield System ordering form or payment terms on the website for the LifeYield System.

b. You must pay with one of the following:

  • ŸA valid credit or debit card acceptable to LifeYield;

  • ŸSufficient funds in a checking or savings account to cover an electronic debit of the payment due; or

  • ŸAnother payment option that LifeYield provides to you in writing

c. If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your access, terminate your license and refuse any further use of the LifeYield System.

d. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

e. LifeYield will automatically renew your monthly, quarterly, or annual subscription at the then-current rates, unless the LifeYield System is cancelled or terminated, or unless you or we terminate this Agreement.

f. Additional cancellation or renewal terms may be provided to you on the LifeYield Website.

6. LifeYield Discontinuation Policy and Termination of Support

To the maximum extent permitted under applicable law, LifeYield reserves the right to discontinue all support for the LifeYield System, any of its discrete features, or any other features, online and other services or content accessible through the LifeYield System and Website, at any time and for any reason.

Subject to the foregoing, LifeYield expects to provide support for at least one year after the release of each new version of the Lifeyield System, or the portions thereof.  We reserve the right to modify or discontinue the supported versions, services, or program features if necessary due to changes in hardware or software that our products run on, or for other reasons.

7. Termination

Either you or LifeYield may terminate the this TOU upon 30 days’ prior written notice.  In addition, LifeYield may immediately, in its sole discretion, and without notice suspend or terminate this TOU or your use of the LifeYield System if you fail to comply with this TOU or if you no longer agree to receive electronic communications.  Upon termination you must immediately stop using and delete or destroy all copies of the LifeYield System and the Marks, and any outstanding payments will become due.  Any termination of this TOU shall not affect LifeYield’s rights to any payments due to it.  Sections 1 through 4, this Section 7 and Sections 8 through 10 will survive and remain in effect even if this TOU is terminated, cancelled or rescinded.

8. Limitation of Liability

User agrees that LifeYield, its affiliates and licensors, and their respective officers, directors, employees, agents and legal representatives (the “Exculpated and Indemnified Parties”) will have no liability to User, including its Authorized Users, to any of User’s clients, or to any third party, for responsibility whatsoever whether under contract, tort, or other legal or equitable theory for: (i) any claim against User by a third party based on this agreement or User’s or Authorized User’s use of the LifeYield System or any information provided by the LifeYield System; (ii) any indirect, incidental, special, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) arising out of or relating to this agreement or User’s or Authorized User’s use of the LifeYield System; (iii) any losses resulting from causes beyond the control of LifeYield or its Licensors or any force majeure (e.g. earthquake, flood, severe or extraordinary weather conditions, or other acts of god, fire, acts of war, terrorism, insurrection, riot, labor dispute, strike or similar problems, accident, action of government, communications, power failure, exchange or market rulings or suspension of trading).  Neither party will bring any action, regardless of form, arising out of or relating to this agreement more than two (2) years after the cause of action has accrued.

In no event will the total aggregate liability of LifeYield for any claims, losses or damages arising under this agreement, whether in contract or tort, including negligence, gross negligence, or willful misconduct, exceed five dollars ($5.00), even if LifeYield has been advised of the possibility of such claim, loss, or damage.  The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.

9. Indemnification

User will defend, indemnify and hold harmless the Exculpated and Indemnified Parties from and against any and all damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to third party claims against LifeYield based on (i) User’s use of the LifeYield System, (ii) any decision or analysis relating to such use, including generating System Reports for clients (iii) breach of the representation and warranty set forth in Section 4.1, (iv) any other use of any data provided by User; and (v) any damage to LifeYield resulting from User violating Section 2.  Indemnification expenses shall be advanced and paid when due (even if prior to a final determination of availability of indemnification).

10. Miscellaneous

These Terms of Use will be governed by, and construed and interpreted in accordance with, the internal laws of the Commonwealth of Massachusetts.  Any legal proceeding relating to these Terms of Use will be held in a court of appropriate jurisdiction located in Massachusetts and the parties hereby consent to the exclusive jurisdiction and venue of those courts for any such proceeding.  User may not assign any of its rights or obligations under these Terms of Use, by operation of law or otherwise, without the prior written consent of the other party.  Any assignment in violation of this Section 10 will be null and void.  These Terms of Use and the Privacy Policy (including any amendments) and the Schedules constitute the entire Agreement between the parties with regard to the subject matter hereof and supersede all prior or contemporaneous negotiations, communications, representations and understandings.  Except as otherwise provided herein, no modification or waiver of any provision of these Terms of Use will be effective unless publicly released and authorized by LifeYield and accepted by the User by clicking on the “Accept” button upon being given notice of such waiver or modification.  The failure of either party to enforce its rights under these Terms of Use for any period will not be construed as a waiver of such rights.  If any provision of these Terms of Use becomes unenforceable or invalid, the remaining provisions will remain in full force and effect.  Each Licensor of LifeYield is a third party beneficiary under these Terms of Use to the extent required to enable such Licensor to enforce its proprietary rights in any product or information made available through the LifeYield System and the applicable use restrictions in these Terms of Use.  There will be no other third party beneficiaries under these Terms of Use.

Schedule A
 

IMPORTANT INFORMATION REGARDING LIFEYIELD SYSTEM
 

IIMPORTANT: THE PROJECTIONS OR OTHER INFORMATION GENERATED BY THE LIFEYIELD SYSTEM ARE HYPOTHETICAL IN NATURE AND ARE NOT GUARANTEES OF ACTUAL RESULTS.  OTHER SCENARIOS OR PROJECTIONS NOT CONSIDERED BY THE LIFEYIELD SYSTEM MAY PROVIDE RESULTS SIMILAR OR SUPERIOR TO THOSE PROVIDED BY THE LIFEYIELD SYSTEM.  OUTCOME BENEFITS PROJECTED BY THE LIFEYIELD SYSTEM MAY BE OVERSTATED DUE TO INACCURATE ASSUMPTIONS AND/OR ESTIMATES INCLUDING, BUT NOT LIMITED TO, LONGEVITY OF LIFE AND/OR EARNINGS, EARNINGS PROJECTIONS, MARITAL STATUS, TAX RATES, CAPITAL MARKET ASSUMPTIONS, AND VOLATILITY.  THE INFORMATION PROVIDED ON ANY REPORTS GENERATED BY THE LIFEYIELD SYSTEM SHOULD BE CONSIDERED ONLY AS GENERAL INFORMATION AND SHOULD NOT BE USED AS THE FINAL DETERMINANT OF THE BEST STRATEGY ON HOW OR WHEN TO CLAIM SOCIAL SECURITY BENEFITS OR ON HOW TO MANAGE INVESTMENT PORTFOLIOS.
THIS INFORMATION PROVIDED BY THE LIFEYIELD SYSTEM IS FOR INFORMATIONAL PURPOSES AND IS BASED ON RULES AND PROJECTIONS THAT WERE AVAILABLE AT THE TIME THE LIFEYIELD SYSTEM WAS MOST RECENTLY UPDATED.  THE INFORMATION PROVIDED BY THE LIFEYIELD SYSTEM IS MEANT ONLY TO ASSIST IN THE REVIEW OF POTENTIAL SOCIAL SECURITY BENEFITS, TAX-EFFICIENT ASSET ALLOCATIONS AND INVESTMENT OPTIONS AND MAY NOT ACCURATELY PORTRAY A CURRENT OR ANTICIPATED FINANCIAL SITUATION AS A RESULT OF A NUMBER OF EVER CHANGING FACTORS SUCH AS, BUT NOT LIMITED TO, MARKET VOLATILITY, ECONOMIC REALITIES, CHANGES IN SOCIAL SECURITY AND/OR TAX RULES PROVIDED BY THE UNITED STATES INTERNAL REVENUE SERVICE OR ERRORS DUE TO DATA ENTRY, WHICH MAY ALTER THE PROJECTIONS PRESENTED BY THE LIFEYIELD SYSTEM.  ADDITIONALLY, DATA USED IN THIS PRESENTATION MAY BE GENERIC IN NATURE AND MAY NOT AT ALL REPRESENT ACTUAL DATA.  THE RESULTS MAY VARY WITH EACH USE AND OVER TIME.

THIS INFORMATION PROVIDED BY THE LIFEYIELD SYSTEM IS NOT MEANT TO BE RELIED UPON FOR ACCOUNTING, LEGAL OR OTHER PURPOSES, INCLUDING INVESTMENT ADVICE.  IT SHOULD NOT BE ASSUMED THAT RECOMMENDATIONS MADE BY THE LIFEYIELD SYSTEM WILL BE PROFITABLE OR WILL EQUAL A DIFFERENT STRATEGY.

THE LIFEYIELD SYSTEM CONTAINS INFORMATION PROVIDED BY THE USER OR A THIRD PARTY.  THE ACCURACY AND AUTHENTICITY OF SUCH INFORMATION IS RELIANT SOLELY ON THE AUTHOR OF THE INFORMATION, WHETHER AN ADVISOR, A CLIENT, OR A THIRD PARTY, AND NOT CONTROLLED OR ATTESTED TO AS ACCURATE BY LIFEYIELD OR A FINANCIAL ADVISOR’S FIRM, ITS AFFILIATES OR REPRESENTATIVES.  ANY INFORMATION ENTERED INTO THE LIFEYIELD SYSTEM SHOULD BE REGARDED AS INFORMATIONAL ONLY AND NOT INTERPRETED AS OFFICIAL OR LEGAL FINANCIAL INFORMATION.

Schedule B

IMPORTANT INFORMATION REGARDING THE CAPITAL MARKET ASSUMPTIONS USED IN LIFEYIELD SYSTEM
 

Assumptions:


1. Unless otherwise specified, all input data should be in today’s value.

2. The expected price appreciation for each asset category is based on historical performance information provided in publicly available reports and information such as, the Vanguard Index Fund and is not independently calculated, analyzed or supplied by LifeYield.

3. Bonds are assigned a zero expected price appreciation.

4. Unless otherwise noted, stocks are assigned a ten year historical return minus the yield.

5. The SEC Yield is applied in yield calculations involving all stocks except for international stocks.

6. Any capital appreciation associated with an asset category is taxed according to the turnover rate.

7. Any turnover rate up to 100% is considered long-term, meaning the capital gains rate is applied according to the rate provided.

8. Any turnover above 100% is considered short-term, meaning the ordinary income tax rate is applied to that person (with the capital gains tax rate being applied to any remainder from 100% total turnover).

Disclaimer:

The capital markets assumptions used in the calculations provided by the LifeYield System only gives you a high-level and general estimate for your reference only, based on the data you provided. They should not be considered or relied upon as advice by LifeYield and should also not be considered as substitute for professional advice or recommendation on retirement planning. LifeYield shall not accept any responsibility or liability of whatsoever nature for or in connection with any use of or reliance on the LifeYield System, including the capital markets assumptions provided therein, by any person. Nothing here is or shall be considered as any recommendation or offer or solicitation to offer of any investment product.

Schedule B
Copyright Policy

If you believe in good faith that any material posted on or through our Service infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
  • Information reasonably sufficient to permit us to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

Michael Benedek
Copyright Agent
LifeYield, LLC
175 Federal Street
Boston, MA  02110
legal@lifeyield.com
617-502-5660
Schedule D
Complaint Policy (Including Trademark and Privacy)
 
If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to legal@lifeyield.com, containing the following information:
 
  • Your name, physical address, e-mail address and phone number;
  • A description of the material posted on the Site that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
  • Identification of the location of the material on the Site;
  • If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
  • If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
  • A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
  • Your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.