Terms and Conditions

Welcome to the Katiya Xiong Website (www.KatiyaXiong.com) (the “Website”).

QUICK NOTE FROM KATIYA: Ah yes, the creativity draining legal stuff (haha). Please know that we’re actually not this boring. We’re committed to creating a fun, safe, and exciting environment for us and our clients. The below agreement is to outline and protect us and the community we serve. In a nutshell, when you sign up we ask for a full commitment to actually doing the work. Please don’t expect amazing results in just 2 weeks time as a business is built upon small commitments made every single day over the long haul. We’re here to serve AND have fun while doing it, so let’s enjoy the ride! We hope you take advantage of all of our resources, but you are 100% responsible for your own progress and results!

Customer acknowledges that, as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that Customer will reach their goals as a result of purchase of Product.

At Katiya Xiong (“Katiya Xiong”) we offer programs to help people maximize their potential effectiveness and profitability.

Please read these terms carefully (the “Terms”). These terms, as modified or amended from time to time, are a binding contract between Katiya Xiong (“we” and/or “us”, etc) and you (“you”).

You may only use the website(s) operated by Katiya Xiong if you first accept these terms.

In addition, when you use any current or future Katiya Xiong service or visit or purchase from any business affiliated with Katiya Xiong, whether or not included in the website, you also will be subject to the guidelines and conditions applicable to such service or business. If these terms are inconsistent with Katiya Xiong terms, such terms will prevail. The term “Website” herein includes Katiya Xiong mobile app.

If you create an account on the Website, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify Katiya Xiong of any unauthorized uses of your data, your account or any other breaches of security.

These Terms govern our services as if they are offered through the website, on the telephone, or through other digital services such as Office 365 and Zoom (the “Services”).

You may not use the account, username, or password of another user at any time or disclose your password to any third party or permitting any third party to access your account.

 

PRIVACY POLICY INCORPORATED HEREIN

Katiya Xiong values your privacy and will adhere to its Privacy Policy in order to ensure that your experience is a pleasant one. Please read our Privacy Policy, which is incorporated into the herein Terms. We reserve the right to contact you in connection with your compliance or Katiya Xiong’s compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any content, which includes any music or videos, or activities relating to the Website (“Content”).  You acknowledge that Katiya Xiong may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Katiya Xiong, Website users, and the public.

To make your experience more interesting or relevant, we may use information you provide, or that we collect about you and information we may collect from other Website users and third parties (e.g., Facebook or Twitter), to assist us in recommending members and content to you on the Website. Katiya Xiong may also combine your information with information collected to improve the Katiya Xiong Services and to make content recommendations to you both on and off of the Katiya Xiong Services.

We strive to make the advertising on the Website as relevant to you as possible. As a result, you may be served ads that are personalized based on, for example, your location, age, gender, content consumption, connections and other information.

 

PROVISION OF SERVICES

If you choose to subscribe or order a product or service through the Website we will make best efforts to provide that service or product to the best of our ability. We do offer a service guarantee, described below and depending on the package that you purchase, however, we make no warranty with regards to your satisfaction with any service or product in general. We offer the several packages, which may change from time to time, so we recommend that you review these Terms each time you consider signing up for a package.

 

CANCELLATIONS, POSTPONEMENTS, FORCE MAJEURE

Katiya Xiong will make all reasonable attempts to reschedule the event. In the event of a postponement, all payments will automatically be transferred to the new event date and the predetermined services at the predetermined price.

Neither Party will be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any: (i) acts of God; (ii) flood, fire, or explosion; (iii) war, terrorism, invasion, riot, or other civil unrest; (iv) embargoes or blockades in effect on or after the date of this Agreement; (v) national or regional emergency; (vi) strikes, labour stoppages or slowdowns, or other industrial disturbances; (vii) passage of law or governmental order, rule, regulation, or direction, or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota, or other restriction or prohibition; (viii) national or regional shortage of adequate power, telecommunications, or transportation facilities; or (viv) global or national pandemic, plague, widespread virus, or other disruptive medical event (each of the foregoing, a “Force Majeure”), in each case, provided that (A) such event is outside the reasonable control of the affected Party; (B) the affected Party provides prompt notice to the other Party, stating the period of time the occurrence is expected to continue; and (C) the affected Party uses diligent efforts to end the failure or delay and minimize the effects of such Force Majeure.

PLEASE NOTE: We assume the right to remove anyone from our paid programs and private group at anytime without warning. If you are inactive for a 3-month period, soliciting paid services to our members, bullying or putting other members down, creating chaos or a negative environment within the group, or if a conflict of interest arises, you risk being removed. No refunds will be made.

 

WHAT WE WILL NOT DO 

We will not:

(1) Procure or attempt to procure employment or business or sales for you;
(2) Perform any business management functions including but not limited to accounting, tax or investment consulting, or advice with regard thereto;
(3) Act as a therapist or provide psychoanalysis, psychological counselling or behavioural therapy;
(4) Act as a public relations manager;
(5) Act as a publicist to procure any publicity, interviews, write-ups, features, television and print or digital media exposure for you;
(6) Introduce you to contacts, media partners or business partners.

PRODUCT AND SERVICE SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS

While we promise to do our best to ensure the accuracy and usefulness of the Services and the information on the Website, Katiya Xiong does not warrant that product and/or service specifications, pricing, or other content on the Website is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any Services, Katiya Xiong shall have the right to refuse or cancel any orders in its sole discretion.  If your credit card is charged prior to cancellation, Katiya Xiong will issue a credit to your account in the amount of the charge.

REFUND POLICY

All refunds are discretionary as determined by Katiya Xiong To keep you accountable and make sure you finish what you started, we will not provide refunds for requests made after the 7th day from your date of purchase and all payments must be made on a timely basis. To be considered for a refund, you must at minimum submit Module 1 work, attend your onboarding call, and join us on at least one coaching call or. We do this as most of the value we provide is in the actual coaching we provide, and if you try and go through the membership site without any guidance from us you’ll miss out on most the value.

If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month, compounding monthly. If a refund is granted, or if you terminate our relationship during a risk-free trial as described above, you shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

If you elect to pay by monthly instalments, you authorize the Company to charge your credit card or debit card.

 

 

CUSTOMER SUPPORT

You may contact Katiya Xiong Customer Services by sending an email to katiya@katiyaxiong.com.  Our clients are very important to us, and we will do our best to go above and beyond your expectation in terms of support. However, you acknowledge that the provision of customer support is at Katiya Xiong’s sole discretion.  We may provide you with customer support from time to time, at our sole discretion, and the provision of some level of support is no guarantee of future support.

 

NOTICE RE NAMES AND TRADEMARKS

You may not use the name “Katiya Xiong” or “Katiya” or any other names or Trademarks listed on the Website or in any Website content. All rights are reserved.

 

NOTICE RE COPYRIGHT OWNERSHIP: © KATIYA XIONG

All rights reserved. All content on the Website is subject to intellectual property rights, contractual rights or other protections. The intellectual property rights are owned by Katiya Xiong or its licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with the prior express written consent of Katiya Xiong Modification or use of the materials for any other purpose may violate intellectual property rights. Katiya Xiong maintains the worldwide, exclusive copyright on all content created by Katiya Xiong, or by its associates.

 

MINIMUM AGE REQUIREMENT

The Website is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Website, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract.  If you are under 18, you may use the Website only with the permission and involvement of a parent or guardian.

 

DEALINGS WITH MERCHANTS; LINKS

The Website may contain advertisements, offers, or other links to other websites and resources of third parties that are not controlled by Katiya Xiong That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Katiya Xiong is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Website does not imply that the linked site is endorsed by Katiya Xiong You use the links at your own risk. Katiya Xiong’s Privacy Policy is applicable only when you are on its Website.

Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Website or which provide links on the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Katiya Xiong and agree to hold Katiya Xiong harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Website.

 

ELECTRONIC COMMUNICATIONS

You agree to electronic communication for all of your transactions and communication with Katiya Xiong and the Website.  You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

 

NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS

Except as otherwise provided in these Terms, Katiya Xiong will give you any notices by posting them on the Website, and you agree that such posting will constitute effective notice. You authorize Katiya Xiong to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if Katiya Xiong decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by Katiya Xiong to the address that you have most recently provided will constitute effective notice. Katiya Xiong’s contact for Legal Notices is:

Katiya@KatiyaXiong.com

Katiya Xiong respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Katiya Xiong with written notice.

 

MODIFICATIONS TO TERMS AND WEBSITE

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Website. Your continued use of the Website following the posting of changes to these Terms will mean that you accept those changes.  We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Website (or any part thereof) without notice.

 

PROHIBITED CONDUCT

You agree not to do, or attempt to do, any of the following, subject to applicable law:  (a) alter information on or obtained from the Website unless through tools provided on the Website by us; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (d) frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Katiya Xiong; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Website’s infrastructure or performance, or send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Website or any recipient; (h) willfully enter wrong information; (i) post content created by anybody other than yourself.

 

MONITORING OF SITE CONTENT

We are under no obligation to restrict or monitor Website Content in any way and use of the Website is at your own risk. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Katiya Xiong Katiya Xiong neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Website by anyone other than authorized Katiya Xiong employees acting in their official capacities.

 

PROTECTION OF SITE CONTENT

Our Website is protected by Canadian, U.S. and international intellectual property laws, which you agree to respect.  All content on the Website, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of Katiya Xiong or its Content suppliers. All software used on the Website is the property of Katiya Xiong or its software suppliers.

 

TERMINATION OR CANCELLATION

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Website, and/or your Account, or suspend or block your access to the Website.  You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Website.  Katiya Xiong may continue to use electronic or printed materials it has created, or has developed specific plans to create, that contain such Content according to the terms contained above with respect to removal or modification of Content previously posted on the Website.

The provisions entitled “Notice Re Copyright Ownership ” “Indemnification,” “Disclaimer of Warranties,” “Exclusion Of Damages; Limitation Of Liability,” “Additional Terms” and the Privacy Policy will survive termination of these Terms.

 

INDEMNIFICATION

As a condition of your access to and use of the Services and the Website, you agree to hold Katiya Xiong, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Website and the content therein and the Services; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Website; (iv) Katiya Xiong’s resolution (if any) of any dispute you have or claim to have with one or more users of the Website; (v) your improper authorization for Katiya Xiong to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Katiya Xiong disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Katiya Xiong will have the right but not the obligation to resolve disputes between users relating to the Website and Katiya Xiong’s resolution of a particular dispute does not create an obligation to resolve any other dispute; and (b) Katiya Xiong’s resolution of a dispute will be final with respect to the Website.

 

PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Katiya Xiong with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Katiya Xiong’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Katiya@KatiyaXiong.com

 

DISCLAIMER OF WARRANTIES

THE WEBSITE MAY CONTAIN ADVICE, OPINIONS, INFORMATION, INSTRUCTIONS AND STATEMENTS FROM KATIYA XIONG, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. YOU USE THE WEBSITE AND CONTENT AT YOUR OWN RISK. THE WEBSITE IS PROVIDED BY KATIYA XIONG ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KATIYA XIONG MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE WEBSITE OR THE INFORMATION OR CONTENT INCLUDED ON THE WEBSITE. KATIYA XIONG MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KATIYA XIONG EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER KATIYA XIONG, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF KATIYA XIONG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

 

NON-DISPARAGEMENT

The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. You agree not to make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward Katiya Xiong or any of its Products, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.

 

ADDITIONAL TERMS

1. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
2. No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Katiya Xiong Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Katiya Xiong will be null and void. Katiya Xiong shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission upon the sale or transfer of some or all of its business.
3. Disputes; Choice of Law; Export Limitations. The Website is controlled by us from our offices within United States, and some aspects and portion of the Website are hosted at third-party servers within the United States of America. If you choose to access this Website from locations outside United States, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Website in violation of U.S. import and/or export laws and regulations or the Terms. By visiting the Website, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Website will be resolved by arbitration. Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by Katiya Xiong or through the Website will be resolved by binding arbitration, rather than in court, except that we and you may assert claims in small claims court if the claims qualify.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

1. Limitations on Actions. Any action concerning any dispute you may have with respect to the Website must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
2. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
3. Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy, and any other terms of the Website, such as the “Contest Terms”) comprise the entire agreement (the “Entire Agreement”) between you and Katiya Xiong with respect to the use of the Services and the Website and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. However, if you sign, or have signed, a separate agreement with Katiya Xiong for one of the two programs listed above, that agreement will still be binding, and to the extent that it differs from these Terms, that agreement will take precedence.
4. No Waiver. The failure of Katiya Xiong to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Katiya Xiong right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.