Terms of Use | On the Prowl Gaming

Welcome to On Da Prowl Gaming’s website. The Site is provided for you and we hope you enjoy using it.

Please be aware that your use of the Site is subject to the following terms and conditions of use (the “Terms of Use”). If you do not agree to these Terms of Use, do not use the Site.

1. Ownership and Operation. The Site and all Site content belong to On Da Prowl Gaming, LLC (“On Da Prowl” or “we”/”us”) and its licensors (if any). On Da Prowl Gaming may, in its sole discretion, at any time and without prior notice, modify or discontinue all or part of the Site.

2. Agreement To Be Bound; Changes to the Terms of Use. Your use of the Site constitutes your agreement with On Da Prowl Gaming to be bound by, and to act in accordance with, these Terms of Use. On Da Prowl Gaming reserves the right to modify these Terms of Use or to impose new or additional terms of use at any time and without prior notice (“Modified Terms”). Modified Terms shall be effective immediately and incorporated into these Terms of Use upon the posting of such Modified Terms to the Site. Your continued use of the Site following the posting of any Modified Terms shall be deemed to conclusively indicate your acceptance of any and all such Modified Terms. Accordingly, you should periodically re-review these Terms.

3. Limited License to Use the Site. You may use the Site and the content offered on the Site for your own personal and non-commercial purposes. These specific uses (the Services) may be updated from time to time and include the following: viewing and/or using a website; browsing and purchasing of merchandise and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online

and/or electronic communication; and any other features, functionality, materials, or activities which may be available from time to time on the Site. You may use content offered for downloading, if any, for non-commercial use only and subject to the rules that accompany that particular content. You may not use any content in a manner that exceeds the rights granted for your use of that content. You may not download, replicate, retransmit, reproduce or otherwise use any of the photographic images contained on the Site as a stand-alone file. You may not use any data mining software, robots or similar data gathering and extraction tools on the Site, frame any portion of the Site or, except as otherwise expressly provided for herein, reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan or otherwise distribute Site content without On Da Prowl Gaming’s prior written consent. You may not circumvent any mechanisms included on the Site designed to prevent the unauthorized reproduction or distribution of Site content.

4. Interactive Portions of the Site. Messages that you post to any interactive portions of the Site can be viewed by the public and On Da Prowl Gaming cannot control, and is not responsible for, any use of those messages, or any information included in those messages, by third parties. On Da Prowl is not responsible for messages posted to interactive portions of the Site, and you understand that each such message expresses the views of its author and not necessarily On Da Prowl. Although On Da Prowl may pre-screen, monitor or review any discussions, chats, postings, comments, transmissions, bulletin boards and the like which may be available on the Site, On Da Prowl is under no obligation to do so and assumes no responsibility or liability arising from the content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site. On Da Prowl assumes no responsibility for checking information posted in any discussions, chats, postings, comments, transmissions, bulletin boards or the like which may be available on the Site for accuracy. By posting content (including any personal information) to any portion of the Site, you warrant and represent that (i) you own the intellectual property and proprietary rights to such content; (ii) such content will not infringe any party’s intellectual property, publicity, privacy or other rights; and (iii) such content is not, and will not be, profane, inaccurate, abusive, hateful, racist, offensive to the Site community, harassing, obscene, false, defamatory, sexually-oriented, threatening, otherwise violative of any law and/or designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to interfere with, or disrupt, the operations or services of the Site in any way. Additionally, while using the Site, you agree not to:

distribute or post solicitations, spam, chain letters, or pyramid or other fraudulent schemes;
distribute viruses or any other technologies that may harm the Site, or the interests or property of Site users; or
harvest or otherwise collect information about Site users, including email addresses, without their consent

5. Right to Screen, Review, Remove and Refuse Content. On Da Prowl Gaming has the right, but not the obligation, in its sole discretion, to pre-screen, review, remove or refuse any user or other content from any portion of the Site for any reason, including without limitation that such content violates these Terms of Use or is otherwise objectionable. If you find any content that violates these Terms of Use, please contact us immediately by email at ondaprowgamingwebsite@gmail.com.

6. License to Posted Content. By posting any content to any portion of the Site, you hereby (i) grant On Da Prowl a non-exclusive, perpetual, fully paid-up, irrevocable license to use, reproduce, distribute, display, perform, make derivative works based upon and otherwise exploit that content and (ii) represent, warrant and covenant to On Da Prowl that you possess and will maintain all rights necessary to grant On Da Prowl the foregoing license. For example, the foregoing license gives On Da Prowl the right to use questions, comments and postings submitted by you (and any ideas, concepts, know-how, processes and techniques contained therein) in articles, commentaries or other materials both online and offline (or for any other purposes), and no compensation shall be earned, due or payable for any such use.

7. Confidentiality. Subject to our Privacy Policy obligations, any information communicated to On Da Prowl Gaming via the Site is not confidential and On Da Prowl Gaming has no obligations of confidentiality with respect to such information. You understand that you grant On Da Prowl a license to use, reproduce, distribute, display, perform, make derivative works based upon and otherwise exploit anything you transmit to On Da Prowl via the Site, subject to applicable law. Furthermore, On Da Prowl is free to use any ideas, concepts, know-how, processes or techniques contained in any communication you send via the Site (including via any email address posted on any Site) for any purpose whatsoever, including, but not limited to, developing, manufacturing, marketing and selling products and services using such ideas, concepts, know-how, processes or techniques.

8. Customer Support. On Da Prowl Gaming’s customer service team will respond to all queries within 2-3 business days, excluding U.S. Federal holidays (as defined here). Should you have any questions about your order or any of the Services, please contact us at ondaprowgamingwebsite@gmail.com

9. Refunds/Returns/Cancellations: ALL SALES ARE FINAL. Once an order is processed, all sales are final. On Da Prowl Gaming does not provide refunds, returns, cancellations, transfers, or changes. However, in the event that a product is listed at an incorrect price, On Da Prowl Gaming reserves the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.

10. Pricing and Payments. All prices are in US Dollars unless otherwise indicated. We only accept payment through third-party payment processors Wix and Paypal. Prices are subject to change from time to time in On Da Prowl Gaming’s sole discretion.

11. Order Processing. All orders are processed as soon as they are received and cannot be cancelled, changed, or combined by the purchaser. However, please note that On Da Prowl reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation, for any product for any reason, including orders that violate the intellectual property rights of a third party and discrepancies with billing information. On Da Prowl reserves, at our sole discretion, the right to limit the quantity of items purchased. We will notify you if your order has been canceled for any of these reasons.

12. Shipping. When you place an order in our shop, it is immediately processed and we open your selected pack of cards during our live Twitch stream. Because no one knows whether a pack will contain valuable or collectible cards, most people do not purchase shipping before we open the pack. After we open your pack, if it does contain a valuable or collectible card, also known as a “hit”—defined as a valuable/collectible card, like a Full Arts, EX, GX, V, Vmax, Rainbow Rare, Gold Card, or Reverse Holograph—then we will hold all “hits” until you purchase shipping. Many people are repeat customers who place multiple orders throughout the course of a single live Twitch stream, or return weekly to our stream, so On Da Prowl Gaming will hold your purchased cards for a limited time in accordance with Section 13 (below). If you want us to send you “the bulk”—meaning the other cards in your pack that are not “hits”—then you must place an order for Bulk Per Pack shipping as well.

Items are shipped via USPS from U.S. Zip Code 91066. Delivery dates vary based on location. Cost of shipping is based on weight, shipping method selected, and your shipping address. Title and risk of loss for all products ordered by you shall pass to you upon On Da Prowl Gaming’s shipment to the shipping carrier. Items shipped via a track-able method will be deemed delivered when the shipping carrier provides confirmation that the item was successfully delivered to the address you submitted during the checkout procedure. Purchasers with a non-U.S. shipping address are responsible for any and all duties and taxes that may be incurred upon delivery; and if you refuse to pay duties or taxes, your package will be returned to On Da Prowl Gaming, will not be re-shipped to you, and no refund will be given. If for any reason any items shipped are classified as undeliverable and returned to On Da Prowl Gaming, we will not issue a refund and will not re-ship.

13. Customers Must Purchase Shipping Within 90 Days of Placing an Order. On Da Prowl is a small business with a very limited capacity to store and track purchased but unshipped items. CUSTOMERS WHO DO NOT PURCHASE SHIPPING WITHIN 90 DAYS OF PLACING AN ORDER ASSUME THE RISK OF NOT RECEIVING THEIR ITEMS. THE ITEMS WILL BE KEPT BY ONDAPROWLGAMING/GAPTOOTHEDGAYMER AT THAT POINT.

13. Sales Tax. In accordance with U.S. state law, On Da Prowl Gaming is required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order pretax total, including shipping and handling (where required).

Orders placed to the following countries may be charged a sales tax at checkout:

Australia (10% Goods and Services Tax)
Norway (VAT)
United Kingdom and Northern Ireland (VAT & Customs)
New Zealand (VAT)

Please note, customs fees may still be collected at delivery for some of the above countries. For all other countries, sales tax is not collected at checkout for purchases. Those orders may be subject to VAT and Customs Fees as required by the local government authorities at the time of delivery. If you have additional questions, or aren’t sure why or how you were charged sales tax, send us an email and we’ll be happy to help sort it out.

14. Meeting Other Users. On Da Prowl Gaming does not recommend, endorse or promote meeting in person any person you may meet through interactive portions of the Site, or any links to third-party websites posted on the Site, and On Da Prowl Gaming shall have no liability for the result of meeting in person anyone you met through use of the Site.

15. Links to Third-Party Sites. The Site may include links to third-party websites and social media sites. While On Da Prowl Gaming strives to offer links to sites we think you’ll enjoy and find useful, it is possible that any linked site may contain information or material that some people may find uninteresting, irrelevant, inappropriate or offensive. Third-party sites are not under the control of the On Da Prowl, and you acknowledge that On Da Prowl is not responsible for the accuracy, legality, decency or any other aspect of the content of any third-party linked sites. The inclusion of a link to any such third-party site does not imply endorsement of, or association with, such other site by On Da Prowl. These Terms of Use apply only to our Site and not to any linked third-party sites. Before using and/or providing any personal information to any linked site, please check that site’s terms of use and privacy policy.

16. Third-Party Information. On Da Prowl Gaming may provide certain third-party information or content on the Site. This third-party information or content does not necessarily represent the viewpoint or opinions of On Da Prowl Gaming, nor does On Da Prowl Gaming take responsibility for the accuracy or reliability of this third-party information or content.

17. Security and Limitations on Access. You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you may not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of the Site. You agree that you will not interfere, or attempt to interfere, with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on On Da Prowl’s information technology infrastructure.

18. Indemnification. You agree to be solely responsible for, and to indemnify and hold harmless On Da Prowl Gaming, its directors, officers, principals, managers, agents, representatives and employees and their respective directors, officers, principals, managers, agents, representatives and employees from, any liabilities, damages, losses, costs, or expenses arising out of or in connection with (i) any breach of these Terms of Use by you or (ii) any message posted by you to the Site, regardless of the legal theory on which such a claim is based.

19. DISCLAIMER OF WARRANTIES. ALL INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS, AUDIO/VISUAL RECORDINGS AND OTHER MATERIALS INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS”. SUCH CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. On Da Prowl Gaming, ITS DIRECTORS, OFFICERS, EMPLOYEES, PRINCIPALS, MANAGERS, AGENTS AND REPRESENTATIVES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PRINCIPALS, MANAGERS, AGENTS AND REPRESENTATIVES DISCLAIM ANY WARRANTIES THAT: (i) THE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; (ii) THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (iv) THE SITE OR ITS SERVERS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

20. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL On Da Prowl Gaming, ITS DIRECTORS, OFFICERS, PRINCIPALS, EMPLOYEES, MANAGERS, AGENTS OR REPRESENTATIVES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, MANAGERS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OF DATA, OR PROFITS, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ON DA PROWL GAMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, On Da Prowl Gaming’s, ITS DIRECTORS’, OFFICERS’, PRINCIPALS’, EMPLOYEES’, MANAGERS’, AGENTS’ AND REPRESENTATIVES’ AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, PRINCIPALS’, EMPLOYEES’, MANAGERS’, AGENTS’ AND REPRESENTATIVES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL On Da Prowl Gaming’s LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTIONS, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EXCEED THE ACTUAL DOLLAR AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE WHICH GAVE RISE TO SUCH DAMAGES, LOSSES, AND CAUSES OF ACTION DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

21. On Da Prowl Gaming’s Copyright Policy. If you are a copyright owner or an agent thereof and believe that any content posted on the Site infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by following the procedures described below. As part of our response, we may remove or disable access to content residing on the Site that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected content so that they may make a counter-notification, also in accordance with the DMCA. Before serving either a notice of infringing material or a counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our obligations under the DMCA and do not constitute legal advice.

Notice of Infringing Material

To file a notice of infringement, please provide a notification containing the following details:

(i) Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (e.g., title, author, URL);
(ii) Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (e.g., a link to the page that contains the material);
(iii) Your contact information so that we can contact you (e.g., your address, telephone number, email address);
(iv) A statement that you have a good faith belief that the use of the material identified in (i) above is not authorized by the copyright owner, its agent or the law;
(v) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
(vi) Your physical or electronic signature.

You must send this notice by email to: ondaprowgamingwebsite@gmail.com with the subject line “DMCA Notice” (or equivalent language).

Counter-Notification

If material that you have posted on the Site has been taken down, you may file a counter-notification that contains the following details:

(i) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
(ii) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
(iii) Your contact information so that we can contact you (e.g., your address, telephone number, email address);
(iv) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside of the U.S.A., for any judicial district in which we may be found, and that you will accept service of process from the person who submitted a notice in compliance with the DMCA as generally described above; and
(v) Your physical or electronic signature.

You must send this notice by email to:

ondaprowgamingwebsite@gmail.com with the subject line “DMCA Notice” (or equivalent language).

22. Choice of Law and Forum; Statute of Limitations. You agree that these Terms of Use and your use of the Site shall be governed by the laws in effect in the State of California, without reference to its conflict of laws principles. Any claim or dispute between you and On Da Prowl Gaming that arises in whole or in part from your use of the Site shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.

YOU AND On Da Prowl Gaming AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE AND/OR YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, YOU AND On Da Prowl Gaming AGREE THAT SUCH CAUSE OF ACTION SHALL BE, AND IS, PERMANENTLY BARRED.

23. Waiver. No waiver of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term of the Terms of Use, and On Da Prowl Gaming failure to assert any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

24. Severability and Integration. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and On Da Prowl Gaming with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and On Da Prowl Gaming with respect to your use of the Site. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

25. Termination. Your right to use the Site automatically terminates if you violate these Terms of Use. On Da Prowl Gaming also reserves the right, in its sole discretion and at any time, to terminate these Terms of Use and your access to all or part of the Site, for any reason or no reason at all, with or without notice. Upon termination of these Terms of Use, you must cease use of the Site and destroy all materials obtained from the Site, whether made under these Terms of Use or otherwise.

26. Ability to Enter Into This Agreement; Use by Children Under the Age of 13. You affirm that you are not a minor in your state of residence and that you have the legal right to enter into, and be bound by, these Terms of Use. The Site is not intended for children under 13 and On Da Prowl Gaming does not knowingly collect personally identifiable information about children under 13 through the Site.

27. Assignment. These Terms of Use, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned, licensed or transferred by On Da Prowl Gaming without restriction or notice to you.

28. Miscellaneous. On Da Prowl Gaming makes no representations that materials on the Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where the contents are illegal is prohibited. Those who choose to access the Site or the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

29. Intellectual Property Notice. On Da Prowl Gaming and all related technology and content: Copyright © 2021 On Da Prowl Gaming, LLC or its suppliers or licensors. All rights reserved. The company, product, and brand names of companies, products and services mentioned herein or on the Site may be the trademarks and service marks of their respective owners. On Da Prowl Gaming has patents, patent applications, trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the Services and/or the Site. Except as expressly provided in these Terms, the provision of the the Services and the display of the Site to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

30. Consumer Notice. On Da Prowl Gaming is a California limited liability company (LLC). Pursuant to California Civil Code § 1789.3, On Da Prowl Gaming sets forth the following: (a) the address of On Da Prowl Gaming, LLC is P.O. BOX 662131, Arcadia, CA 91066 (b) the fees and charges imposed on consumers of On Da Prowl vary depending on the services you choose; and (c) if you have any complaints about On Da Prowl or wish to receive further information about On Da Prowl please contact Customer Support. For complaints against On Da Prowl Gaming, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by (1) visiting www.dca.ca.gov/about_dca/contactus.shtml; (2) sending an email to dca@dca.ca.gov; (3) calling (800) 952-5210; or (4) writing to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.