These Terms and Conditions (“Terms”) form a legally binding agreement between you (“you”, “Client,” or “User”) andKotkas Empire Inc., operating as Elite Gym Systems(“Company,” “Elite Gym Systems,” “we,” or “
us”). By accessing or using any website, application, program, digital product, membership area, or other online service owned or controlled by the Company (collectively, the “Site”) you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site or our Services.
We may modify these Terms at any time. Updated versions will be posted on this page with a revised “Last updated” date. Continued use of the Site after a change constitutes acceptance of the revised Terms. We recommend reviewing them periodically.
You must (a) be at least the age of majority in your province, state, or country of residence, or (b) have the permission of a parent or legal guardian to use the Site. By using the Site, you represent and warrant that you meet these requirements.
4. Services Description
Elite Gym Systems provides business‑to‑business coaching, education, software, and consulting services to fitness professionals and gym owners, delivered online to clients in Canada and the United States (collectively, the “Services”). Specific deliverables, pricing, and term lengths are outlined on the order page or separate written agreement.
7. User Accounts & Security
You may need to create an account and set a password. You are responsible for (a) maintaining the confidentiality of your login credentials and (b) all activity conducted through your account. Notify us immediately of any unauthorized use.
8. Intellectual Property
All content on the Site—including text, graphics, logos, videos, software, and course materials—is the property of Kotkas Empire Inc. or its licensors and is protected by Canadian, U.S., and international copyright, trademark, and other laws. You receive a limited, revocable, non‑transferable license for personal, non‑commercial use of the content. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.
You agree not to:
10. Third‑Party Links & Tools
The Site may contain links to third‑party websites or provide access to third‑party software integrations. We do not control and are not responsible for third‑party content, services, or privacy practices. Use them at your own risk.
11. Disclaimer of Warranties
To the maximum extent permitted by law, the Site and Services are provided “as is ” and “as available"
without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non‑infringement. We do not warrant that the Site will be uninterrupted, secure, or error‑free.
Under no circumstances will Kotkas Empire Inc., its officers, directors, employees, contractors, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages (including lost profits, revenue, data, or goodwill) arising out of or related to your use of the Site or Services, even if advised of the possibility of such damages. Our total cumulative liability will not exceed the amount you paid to us for the Service giving rise to the claim during the twelve (12) months preceding the event.
Certain jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so some of the above disclaimers may not apply to you. In that case, our liability is limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless Kotkas Empire Inc. and its affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Site or Services; (b) your breach of these Terms; or (c) your violation of any third‑party rights.
We reserve the right to suspend or terminate your access to the Site or Services at any time, with or without notice, for any breach of these Terms or for any other lawful reason. Upon termination, Sections 8–17 will survive.
15. Governing Law & Dispute Resolution
16. Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including natural disasters, acts of God, war, strikes, or government regulation.
17. Miscellaneous
If you have questions about these Terms or the Services, please contact
support @ elitegymsystems.com
.