Service Agreement
This Service Agreement, hereinafter referred to as "Agreement," is made between the Service Provider ("Provider"), specifically as follows:

Diane Lam DBA Diane Lam Co organized under the laws of the state of Washington, having its principal place of business at the following address:

PO Box 6935,
Bellevue, WA 98008

Website Address: www.dianelam.com (the "Website")
Email: diane@dianelam.com (the "Business Email") and you, as a participant (hereinafter referred to as "you" or "Participant") in the Ultimate Ops Blueprint ("DIGITAL COURSE"), defined further below.

Your participation in the DIGITAL COURSE is subject to each of the terms and conditions contained within this Agreement, all parts and sub-parts of which are specifically incorporated by reference here. By clicking "Purchase," "Confirm," "Attend," or undertaking any other affirmative action confirming your intent to participate in the DIGITAL COURSE, including providing the Provider with credit card or billing information to be charged for your participation, you acknowledge and agree that you are entering into a legally binding agreement with the Provider.

YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE CONFIRMING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CONFIRM YOUR ASSENT TO PARTICIPATE IN THE DIGITAL COURSE .

Provider and Participants may be referred to individually as "Party" and collectively as the "Parties."

Article 1 - DIGITAL COURSE :
Provider agrees to provide, organize, and maintain the following DIGITAL COURSE:

Description of DIGITAL COURSE:
5 Training modules that break down each step of creating your custom ops scaling strategy.

Total Fees: $197 (One Hundred Ninety Seven USD)

Participants may use one coupon per transaction. Coupons are not transferable and are not redeemable for cash and cannot be combined with any other coupons.

If the Participant fails to enter the coupon code at the time of purchase, the purchase will not be eligible for the discount. Discounts may not be claimed after confirmation of a Participants purchase. Each coupon is valid for a limited time only and expires on the date specified by the Provider. The coupon cannot be applied to previously confirmed transactions.

Any additional applicable details for the DIGITAL COURSE will be made available to you prior to purchase or confirmation. Such details will be provided by the Provider. Any such page, text, or email including any additional details for the DIGITAL COURSE is hereby incorporated by reference and shall be considered part and parcel of this Agreement.

Article 2 - CONFIRMATION:
In order to secure your spot in the DIGITAL COURSE, the following steps must be taken:

Participants will complete the entirety of the DIGITAL COURSE purchase on the following website: https://dianelamco.thrivecart.com/ULTIMATE/

At the conclusion of these steps, you will receive a confirmation email which will outline the details of your completed registration. If you do not receive a confirmation email within five (5) days of completing your registration, please contact the Provider.

Provider may request the provision of additional information, such as identification and/or additional forms and questionnaires. You hereby consent to receive all such correspondence related to the DIGITAL COURSE.

Article 3 - DIGITAL COURSE TERMS:
After confirmation of your participation in the DIGITAL COURSE, you will receive the session dates and participant joining instructions via email.

A) You are solely and exclusively responsible for the choices that you make with regard to this DIGITAL COURSE, the materials contained within it, or any significant changes to your business or life;

B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;

C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the DIGITAL COURSE;

Article 4 - PAYMENT:
The entirety of the Total Fee must be paid in accordance with the payment terms selected at the time of purchase. If Total Fee or 1st Payment is not received by the Provider prior to your participation in the DIGITAL COURSE , you may not be able to begin the DIGITAL COURSE or your spot may be canceled without prior notice to you.

If monthly payments are selected, payments will be automatically charged every 30 days, until canceled.

Article 5 - CANCELLATIONS:
Provider may cancel the DIGITAL COURSE for any reason, unrelated to an individual Participant, in the Provider's sole and exclusive discretion. If Provider cancels for any commercial reason, all Participants are entitled to receive back any and all monies paid to the Provider. Provider shall not be responsible for any fees paid by Participant to any third parties.

If Participants wish to cancel, written notice of such cancellation must be sent to Provider via email 14 days prior to cancellation. As noted above, in the event of Participant cancellation, no fees will be returned.

Article 6 - RELEASE OF LIABILITY:
Participant hereby releases Provider, as well as any of Provider's affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Participant's dispute with any other Participant.

Article 7 - TERMINATION:
This Agreement shall continue until canceled as specified above by either Party or until the Participant completes the DIGITAL COURSE. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.

Article 8 - INTELLECTUAL PROPERTY: Participant acknowledges and agrees that the Provider's name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Provider or its affiliates, licensors, or suppliers.

Participant acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the same are the intellectual property, proprietary, and confidential information of Provider and its affiliates, licensors, and suppliers.

Provider may provide Participant with certain information as a result of participation in the DIGITAL COURSE . Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the DIGITAL COURSE ("Materials"). Subject to this Agreement, Provider grants you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the DIGITAL COURSE. The Materials may not be used for any other purpose, and this license terminates upon your completion of the DIGITAL COURSE, your cessation of participation in the DIGITAL COURSE, or at the termination of this Agreement.
Participant expressly agrees not to do anything inconsistent with Provider's ownership of all of the intellectual property discussed herein. Participant further agrees that there are no rights, title, or interest in or to any of the Provider's Intellectual property. In addition, Participant is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Provider or any third party, with the exception of the license granted above.

Article 9 - RESTRICTIONS:
Participant is prohibited from selling or reselling Participant's space in the DIGITAL COURSE, unless Participant has specifically executed a written agreement with Provider that expressly allows for such activity.

Article 10 - INDEMNIFICATION:
Participant agrees to defend and indemnify Provider and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Participant's participation in the DIGITAL COURSE, Participant's breach of this Agreement, or Participant's conduct or actions. Participant agrees that Provider shall be able to select its own legal counsel and may participate in its own defense, if so desired.

Article 11 - REPRESENTATION:
Participant agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement or that they have their parent or guardian consenting for them to participate in the DIGITAL COURSE.

Participant agrees to grant and authorize Provider the right to take, edit, alter, copy, exhibit, publish, distribute, and make use of any and all pictures or video take of Participant to be used in and for business purposes, including resale of program recordings and promotional materials. This languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless I otherwise revoke said authorization in writing. These materials shall become the property of Provider and will not be returned.

Article 12 - SEVERABILITY:
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

Article 13 - DISPUTE RESOLUTION:
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of New Jersey. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Provider will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

Article 14 - GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of Washington State without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Washington state

Article 15 - HEADINGS:
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.

Privacy Policy

Last Modified: September 1, 2023


INTRODUCTION. Diane Lam Co. (“Company”) respects your privacy. This Privacy Policy sets forth Company’s policy with respect to the types of information we may collect from you or that you may provide when you visit dianelam.com (“the Website”), including any content, services, functionality, mobile applications, downloadable materials, and courses (“the Services”). If you do not agree with our Privacy Policy, your choice is to not use our Website. By accessing or using this Website, you agree to this Privacy Policy.

CHILDREN UNDER THE AGE OF 16. All website users must be at least 16 years of age. If we learn we have received information from a child under 16 we will delete the information. If you have reason to believe that a child under the age of 16 has provided Personal Data to us through the Website or Services, please contact us and we will endeavor to delete the information from our database. If we learn a user is under 16 years of age, we will not disclose any personal information to any third parties unless the user has given opt-in consent. If you have reason to believe that a user is under 16 years of age, notify the Company in order to prevent disclosure of any personal data without opt-in consent.

WHEN WE COLLECT INFORMATION FROM YOU. We collect data and process data when you access our Website, fill out forms on our Website, register, make a purchase, sign up for our newsletter, respond to a survey, surf the Website, or use or view our Website via your browser’s cookies. Our Company may also receive your data indirectly from the following sources: free downloads, training and consult calls scheduled.

WHAT TYPES OF INFORMATION WE COLLECT FROM YOU.

Voluntary Information
When you visit our Website or use our Services we collect certain types of information from you. This includes your name, email address, mailing address, phone number, credit card information, age, sex, marital status, race, nationality, or other information you provide to us.

Automatic Data Collection
We also collect information automatically through cookies and other tracking technologies such as information about your internet connection, your IP address, traffic and location data, logs and other information. The information we automatically collect helps us to improve our Website and deliver a better service.

The categories of consumer data we have collected within the past 12 months includes: basic identity data and engagement data.

HOW WE COLLECT INFORMATION FROM YOU. The data controller is Diane Lam. The technologies we use for automatic data collection include “cookies.” Cookies are small files placed on the hard drive of your computer that enables the website or service provider’s systems to recognize your browser and remember certain information. We use functionality cookies to recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. We use advertising cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Our Company sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our Website. You may refuse to accept browser cookies by activating the appropriate setting in your browser, but if you do, you may not be able to access certain parts of our Website or Services. We also use flash cookies or web beacons for automatic data collection. You may also provide information that is public or displayed on public areas of the Website, or transmitted to other users of the Website or third parties (“User Content”). Your User Content is transmitted to others at your own risk.

HOW WE USE YOUR INFORMATION. Processing of your information is necessary for the purpose of legitimate interests and does not infringe on any fundamental rights and freedoms. Some of those legitimate interests include: direct marketing, processing of client data, ensuring network and information security, and fraud prevention. We use your information to understand and store information about visitor’s preferences, to compile aggregate data about site traffic and site interactions, to provide you with information, products, or services that you request from us or that we think you may like, to provide you with notices about your account, to carry out billing and collection, for customer support, for marketing purposes, and in any other way we describe when you provide information to us. We do not use automated decision-making in processing your personal information for some services and products. You can request a manual review of the accuracy of an automatic if you are unhappy with it. We do not sell personal information or consumer data for monetary gain or valuable consideration.

THIRD PARTY DISCLOSURES. Some content or applications on the Website are served by third parties, such as advertisements. We do not control third parties’ tracking technologies. You should consult the privacy policies of any such third party for more detailed information on their practices. Our Company Website contains links to other websites. Our privacy policy applies only to our Website, so if you click on a link to another website, you should read their privacy policy.

HOW WE DISCLOSE YOUR INFORMATION.

We may disclose aggregated information about our users and information that does not identify any individual without restriction.

We do not disclose personal information that we collect or you provide as described in this Privacy Policy to third parties.

We use your provided data to prevent fraudulent purchases by sharing your data with credit reference agencies.

We will release information when it is appropriate to comply with the law or enforce our site policies.

Do Not Track Policy: Our site honors Do Not Track (“DNT”) browser settings. We [do not] track your online browsing activity on any other online service.

We [do not] transfer personal data collected from you to third party processors located internationally. Please be aware that such countries may not have the same level of data protection; however, our collection, storage and use of your personal data will continue to be governed by this Privacy Policy.

HOW WE STORE AND PROTECT USER INFORMATION.

Company securely stores your data at/on secured SAAS servers. We have implemented security measures designed to protect your visit to the Website. These include:


All payment information is encrypted.
All information you provide to us is stored on our secure servers behind firewalls.
We use regular Malware Scanning.
No transmission over the internet or email is completely secure or error free. Please keep this in mind when disclosing personal information over the internet.

We will keep your data for 30 days. Once this time period has expired, we will delete your data.

YOUR CALIFORNIA PRIVACY RIGHTS.

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

Under the CCPA, California residents have the right to opt-out of the sale of personal information about them or their household, such as their name, postal or email address, and other personal identifying information. The right is subject to certain exceptions. For example, it does not apply to information that we share with certain third-party service providers so they can perform business functions for us or on our behalf. You may opt out by calling [(206)310-4341] or by emailing [diane@dianelam.com].

In the preceding twelve months, we have not sold personal information. Our policy is that we do not and will not sell your personal information, unless you give us your consent or direct us to do so.

RIGHT TO OPT OUT. You have agreed to receive marketing material from the Company and have consented to the Company disclosing your information to third parties for marketing purposes. You may opt out at any time.

YOUR DATA PROTECTION RIGHTS.

The Right to be Informed: This means anyone processing your personal data must make clear what they are processing, why, and who else the data may be passed to.

The Right to Access: This is your right to see what data is held about you by a Data Controller.

The Right to Rectification: You have the right to have your data corrected and amended if what is held is incorrect in some way. You can request that we correct any information that you believe is inaccurate or request that we complete information that you believe is incomplete.

The Right to Erasure: Under certain circumstances you can ask for your personal data to be deleted. This is also called “The Right to be Forgotten.” This would apply if the personal data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.

The Right to Restrict Processing: This gives you the right to ask for a temporary halt to processing of personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.

The Right of Portability: You have the right to ask for any data supplied directly to the Data Controller by you, to be provided in a structured, commonly used, and machine-readable format. You may request copies of your personal data from us. You may request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions. We may charge a small fee for this service or for any copies requested.

The Right to Object: You have the right to object to further processing of your data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.

Rights in Relation to Automated Decision-making and Profiling: You have the right not to be subject to a decision based solely on automated processing.

Right Not to be Subject to Discrimination for the Exercise of Rights: The Company will not refuse goods or services to individuals who exercise their consumer rights.

If you would like to exercise these rights, please contact us at [diane@dianelam.com] or [(206) 310-4341].


CHANGES TO PRIVACY POLICY. The date the Privacy Policy was last revised is identified on the first page of the Privacy Policy. We reserve to update this policy and if we make material changes to how we treat our users’ personal information we will notify you by email. You are responsible for periodically visiting our Website and Privacy Policy to check for any changes.

CONTACT. You may send us an email to inquire about our Privacy Policy or to request access to, correct or delete any personal information that you have provided to us at:

[Diane Lam Co.]
[Diane Lam]
[P.O Box 6935 Bellevue, WA 98008]
[(206) 310-4341]
[diane@dianelam.com]

You may reach our Data Protection Officer by sending an email to [diane@dianelam.com].

COMPLAINTS. Should you wish to report a complaint or if you feel that our Company has not addressed your concern in a satisfactory manner, you may contact the Information Commissioner’s office (if an individual located in the United Kingdom) or the European Data Protection Board.

INDIVIDUALS LOCATED WITHIN THE UNITED KINGDOM.

Restricted Transfers: Our Company may make a restricted transfer if the receiver is located in a third country or territory or is an international organization, covered by UK “adequacy regulations.” If there are no adequate regulations about the country, territory or sector for the restricted transfer, our Company should then find out whether you can make the transfer subject to ‘appropriate safeguards’ as listed in the UK GDPR. Before we rely on an appropriate safeguard to make a restricted transfer, we must be satisfied that the data subjects of the transferred data continue to have a level of protection essentially equivalent to that under the UK data protection regime. We do this by undertaking a risk assessment, which takes into account the protections contained in that appropriate safeguard and the legal framework of the destination country (including laws governing public authority access to the data). If our assessment is that the appropriate safeguard does not provide the required level of protection, we will include additional measures. Appropriate safeguards may be: (1) A legally binding and enforceable instrument between public authorities or bodies; (2) binding corporate rules as defined in Article 47 of the UK GDPR; (3) a contract incorporating standard data protection clauses recognized or issued in accordance with the UK data protection regime; (4) a code of conduct approved by the ICO; (4) Certification under an approved certification scheme; (5) a bespoke contract governing a specific restricted transfer which has been individually authorized by the ICO; or (6) Administrative arrangements between public authorities or bodies. If none of the criteria above apply for the transfer, we may still make the transfer if the transfer is covered by an ‘exception’ set out in Article 49 of the UK GDPR.

CHILDREN UNDER THE AGE OF 13: All website users located in the United Kingdom must be at least 13 years of age. If we learn we have received information from a child under 13 we will delete the information. If you have reason to believe that a child under the age of 13 located in the United Kingdom has provided Personal Data to us through the Website or Services, please contact us and we will endeavor to delete the information from our database. If we learn a user is under 13 years of age, we will not disclose any personal information to any third parties unless the user has given opt-in consent. If you have reason to believe that a user is under 13 years of age, notify the Company in order to prevent disclosure of any personal data without opt-in consent.

Local Representative in United Kingdom: We do either offer goods or services to individuals in the UK; or monitor the behavior of individuals in the UK.