Terms and Conditions for Website and Service

Updated Feb 29, 2024

BY USING plomastermind.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.

OVERVIEW

The terms “we,” “us,” and “our” refer to GTO SOLUTIONS, INC. The term the “Site” refers to plomastermind.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.

SERVICE TERMS AND CONDITIONS

The PLO Mastermind is a membership site for online training, content, courses, software, and other resources related to studying and improving at Pot Limit Omaha poker (the “Service”).

Use of plomastermind.com, including all materials presented herein and all online services provided by GTO SOLUTIONS, INC, is subject to the following Terms and Conditions.

These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

By using the Site or Service you also agree to our Privacy Policy and use of cookies. You can read more at: https://plomastermind.com/privacy-policy

Parties agree that the Service is in the nature of education. The scope of services provided by GTO SOLUTIONS, INC according to this Agreement are limited to those listed on plomastermind.com website. GTO SOLUTIONS, INC reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. 

GTO SOLUTIONS, INC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. GTO SOLUTIONS, INC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. 

You agree that any registration information you give to GTO SOLUTIONS, INC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. 

Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. 

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

MEMBERSHIP TERMS OF AGREEMENT

Once our payment processors (Stripe and Paypal) have confirmed your payment, automatic access to the purchased Service(s) will be provided. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, video hosting, etc.). 

You understand and agree that no breach of contract action may be initiated against GTO SOLUTIONS, INC when there are reasonable delays in the access of the Service. We will communicate via our Discord server (https://plomastermind.com/discord, in the #updates channel) or via email whenever necessary about an significant service interruption. Please contact us via [email protected] for any troubleshooting or help required.

Monthly subscriptions are active for 1 month periods and renew automatically as a default. The card you used to subscribe with will be charged the membership fee on or about the same day each month, as controlled by our payment processors (Stripe and Paypal).

If the renewal payment fails, our payment processors may attempt multiple retries over the next following days. If it unable to successfully charge your account, your subscription may be cancelled. It is your responsibility to keep your payment details up to date and with sufficient funds. You may update your payment details at any time following these instructions (https://support.plomastermind.com/article/42-how-to-update-your-details).

Annual or yearly plans’ duration is 1 year or 365 days. Annual plans are one-time payments and not subscriptions. Therefore, they do not renew automatically after a year and do not need to be cancelled. As a user you will need to sign up again if you so choose, at the updated pricing.

GTO SOLUTIONS, INC reserves the right to terminate the Service, and or access to certain content, features or sections of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice when relevant, but we are not required to do so under the terms of this agreement. 

CANCELLATIONS OF MONTHLY SUBSCRIPTIONS

You may cancel a monthly subscription at any time via your account settings page. Paypal subscriptions may also be cancelled from within your Paypal account. Also see: https://support.plomastermind.com/article/40-cancelling-your-membership

Please cancel at least 2 days before your subscription renewal date, as our payment processors may begin creating your upcoming invoice one day before your renewal date and a late cancellation might incur in a membership charge.

It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service. Refund requests may be denied by GTO SOLUTIONS, INC.

Once you cancel and your current access period expires, you will no longer have access to the Service, including all content and community resources. You can return at any time by simply renewing your subscription to the Service from our pricing page (https://plomastermind.com/pricing)

REFUND POLICY (also see: https://support.plomastermind.com/article/64-what-is-your-refund-policy)

There are no refunds for any PLO Mastermind membership, for new or existing members.

For monthly subscriptions, the customer has the duty of care to ensure that if they do not want to renew their membership, it is cancelled in time. Renewal payments are non-refundable. 

For yearly memberships, for new members, unless otherwise noted in a promotion, a partial refund (minus fees and then pro-rated) may be given during the first 15 days, at our discretion. A refund will terminate your access to the content and/or software.

Other one-time purchase Products may or may not have refund. Please consult the terms in the FAQ under specific product descriptions. Digital files and downloadables purchases are non-refundable, due to the nature of the product.


PRODUCT DESCRIPTION

We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site or our community platforms any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

As a feature of the Service, GTO SOLUTIONS, INC may provide access to a community or social media platforms in conjunction with the Service. GTO SOLUTIONS, INC is not required to provide a community platform, and has complete discretion with regard to the platform, and the nature of the interaction, dependent on the Service.

You agree that your use of these community and social media platforms is a privilege and GTO SOLUTIONS, INC may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. GTO SOLUTIONS, INC will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. GTO SOLUTIONS, INC is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the GTO SOLUTIONS, INCs’ brand and image integrity.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to GTO SOLUTIONS, INC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to GTO SOLUTIONS, INC remains yours to the extent that you have any legal claims therein. You agree to hold GTO SOLUTIONS, INC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

By posting material on the Site or community platforms, including in our Discord server, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

You consent to recordings being made of audio or video calls, training videos or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by GTO SOLUTIONS, INC for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable efforts to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by GTO SOLUTIONS, INC, including trademarks, copyrights, proprietary information, and other intellectual property. GTO SOLUTIONS, INC’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including GTO SOLUTIONS, INC’s copyrighted materials shall remain the sole property of the GTO SOLUTIONS, INC. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. 

This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

USE OF TESTIMONIALS

In accordance to with guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:

Testimonials that appear on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way. They are individual results and results do vary. We do not claim that they are typical results. The testimonials are not necessarily representative of all of those who will use our products and/or services.

The testimonials displayed in any form on this site (text, audio, video or other) may have been shortened. In other words, not the whole message received by the testimonial writer is displayed when it seems too lengthy or not the whole statement seems relevant for the general public.

GTO SOLUTIONS, INC is not responsible for any of the opinions or comments posted on https://plomastermind.com. GTO SOLUTIONS, INC does not share the opinions, views or commentary of any testimonials on https://plomastermind.com – the opinions are strictly the views of the testimonial source.

DISCLAIMER AND LIMITATION OF LIABILITY

GTO SOLUTIONS, INC makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contained on this website or any sites linked to this site.

All the materials on this site are provided ‘as is’ without any express or implied warranty of any kind, including warranties of merchantability, non infringement of intellectual property or fitness for any particular purpose. In no event shall GTO SOLUTIONS, INC or its agents or associates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if GTO SOLUTIONS, INC has been advised of the possibility of such loss or damages.

AFFILIATE LINK DISCLAIMER

https://plomastermind.com is owned and operated by GTO SOLUTIONS, INC and may contain affiliate links or other forms of monetization. The compensation received may influence the advertising content, topics or posts made on this website. That content, advertising space or post will be clearly identified as paid or sponsored content.

If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement.

Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.

This site does not contain any content which might present a conflict of interest. GTO SOLUTIONS, INC makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contained on this website or any sites linked to or from this site.

EARNINGS DISCLAIMER

Every effort has been made to accurately represent these products and services and their potential benefits. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earnings potential is entirely dependent on the person using our product, ideas and techniques.

Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned; your finances; your knowledge; and your set of skills, and other external factors. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Any and all forward-looking statements here or on any of our sales materials are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results, and no guarantees are made that you will achieve results similar to ours or anybody else’s. In fact, no guarantees are made that you will achieve any results from the ideas and techniques in our materials.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, GTO SOLUTIONS, INC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF GTO SOLUTIONS, INC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL GTO SOLUTIONS, INC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM GTO SOLUTIONS, INC, AND IF NO PURCHASE HAS BEEN MADE BY YOU GTO SOLUTIONS, INC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with GTO SOLUTIONS, INC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service.

You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and GTO SOLUTIONS, INC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by GTO SOLUTIONS, INC shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by GTO SOLUTIONS, INC.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: GTO SOLUTIONS, INC. 3172 North Rainbow Boulevard #1405, Las Vegas, NV 89108, United States and to [email protected]

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

The proceeding must be resolved under Nevada law and via JAMS Las Vegas Resolution Center. If Parties can not reach an agreement, then they will be resolved under a JAMS Expedited Arbitration Procedure.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Do I need to apply to Black Card if I am a former VIP Rewards Member?

All VIP Rewards members were automatically enrolled in the Black Card program and don’t need to apply again.

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