Off Trail Market – Terms of Service

Effective Date: May 1, 2026
offtrailmarket.com

1. Agreement to These Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Gunnison Gear LLC, a Missouri limited liability company doing business as Off Trail Market (“Off Trail Market,” “OTM,” “we,” “us,” or “our”), governing your access to and use of our website, marketplace, and services located at offtrailmarket.com (collectively, the “Platform”).

BY CREATING AN ACCOUNT OR USING THE PLATFORM, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.

These Terms apply to all visitors, registered users, buyers, vendors, and any other person who accesses or uses the Platform in any capacity. Additional terms may apply to specific services, including the Makers Market, The Outfitter, and Basecamp community forum, and are incorporated herein by reference.

2. About Off Trail Market

Off Trail Market is an online multi-vendor marketplace serving the hunting, hiking, and camping community. The Platform operates three core sections:

Gear Shop: A curated marketplace for outdoor gear and equipment sold by independent vendors.
Makers Market: A dedicated space for handmade, small-batch, and artisan goods created by independent makers and craftspeople.
The Outfitter: A booking-based services marketplace where outfitters, guides, and experience providers offer trips, guided hunts, and outdoor experiences.

Off Trail Market acts as a venue connecting buyers and vendors. We are not a party to transactions between buyers and vendors, and we do not hold inventory, take title to goods, or guarantee the completion of any transaction. Vendors are independent third parties, not employees or agents of Off Trail Market.

3. Eligibility

To use the Platform, you must:

Be at least 18 years of age, or the legal age of majority in your jurisdiction if higher.
Have the legal capacity to enter into a binding contract.
Not be prohibited from using the Platform under applicable law.
Provide accurate and complete information when creating an account.

By using the Platform, you represent and warrant that you meet all of the above eligibility requirements. Off Trail Market reserves the right to terminate any account that does not meet these requirements.

4. Account Registration and Security

4.1 Creating an Account

To access certain features of the Platform, including making purchases or listing products, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep that information updated.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at Admin@OffTrailMarket.com if you suspect unauthorized access to or use of your account. Off Trail Market is not liable for any loss or damage arising from your failure to protect your account credentials

4.3 One Account Per Person

Each individual or business entity may maintain only one active vendor account on the Platform unless otherwise approved in writing by Off Trail Market. Creating duplicate accounts to circumvent restrictions or reviews is grounds for immediate termination.

5. Buyer Terms

5.1 Purchasing on the Platform

When you make a purchase on the Platform, you are entering into a transaction directly with the vendor, not with Off Trail Market. Off Trail Market is not responsible for the actions, omissions, products, or representations of any vendor.

Before completing a purchase, you are encouraged to review the vendor’s shop policies, including their return and refund policies, shipping timelines, and any product-specific disclosures.

5.2 Payment

All payments are processed through our third-party payment processor, Stripe. By making a purchase, you agree to Stripe’s Terms of Service in addition to these Terms. Off Trail Market does not store full payment card information on its servers.

Prices displayed on the Platform are in U.S. dollars unless otherwise noted. Applicable taxes will be calculated and added at checkout based on your shipping address and applicable law.

5.3 Shipping and Delivery

Off Trail Market operates a hybrid shipping model. Some orders are shipped directly by the vendor using vendor-generated labels; others may use platform-generated shipping labels. When you purchase from multiple vendors in a single transaction, your order may arrive in separate shipments with separate tracking numbers.

Estimated shipping times are provided by vendors and are not guaranteed by Off Trail Market. Off Trail Market is not the carrier and is not responsible for carrier delays or carrier-caused delivery failures. However, buyers may still have remedies under Off Trail Market’s Shipping Policy, including the right to report delayed or lost shipments and to request assistance through the Platform’s dispute process. Vendor obligations for lost and damaged shipments are set out in the Shipping Policy and Vendor Agreement.

5.4 Returns and Disputes

Return and refund eligibility is governed by the individual vendor’s shop policy, which must be reviewed before purchase. Regardless of a vendor’s individual policy, buyers are protected by Off Trail Market’s Platform Minimum Standards set out in the Return and Refund Policy, which establish baseline buyer protections for items that are not as described, arrive damaged, or never arrive. If a vendor is unresponsive or fails to resolve a dispute in a reasonable timeframe, buyers may contact Off Trail Market at Admin@OffTrailMarket.com for assistance. Off Trail Market reserves the right, but not the obligation, to facilitate resolution between buyers and vendors, including issuing refunds from funds held or owed to the vendor where warranted.

6. Vendor Terms

The vendor relationship is governed primarily by the Off Trail Market Vendor Agreement, which is incorporated by reference here. Vendors must review and accept the Vendor Agreement separately during onboarding.

6.1 Vendor Eligibility

To sell on the Platform, vendors must complete the vendor onboarding process, which includes providing business information (including EIN or equivalent), setting up a Stripe Connect account, and accepting the Vendor Agreement. Off Trail Market reserves the right to approve or reject any vendor application at its sole discretion.

6.2 Vendor Responsibilities

Vendors are solely responsible for:

The accuracy, legality, and quality of all product listings and descriptions.
Fulfilling orders in a timely manner consistent with their stated processing times.
Maintaining accurate inventory and removing listings for out-of-stock items.
Complying with all applicable federal, state, and local laws governing the sale of their products, including any licensing or permit requirements.
Responding to buyer inquiries and disputes in a timely and professional manner.
Paying all applicable taxes on their sales.

6.3 Prohibited Products

Vendors may not list or sell any product that:

Is illegal to sell under federal, state, or local law.
Is a firearm, ammunition, firearm frame or receiver, suppressor, silencer, short-barreled rifle, short-barreled shotgun, machine gun, or any other item regulated under the National Firearms Act or that requires a federal firearms license (FFL) or equivalent for transfer or sale. This prohibition applies regardless of vendor licensing status and admits no exceptions. Non-regulated firearm accessories — including optics, scopes, slings, cleaning supplies, storage cases, and similar items that are not themselves firearms, firearm components, or regulated under federal firearms law — are permitted subject to all other Platform policies.
Is counterfeit, stolen, or infringes on any third-party intellectual property rights.
Is falsely described or misrepresented in any material way.

Is prohibited by Off Trail Market’s Acceptable Use Policy, as updated from time to time.

6.4 Product Approval

All new vendors are subject to an initial product review before their first listing is published. Subsequent listings may be published without prior review unless flagged by our systems or team. Off Trail Market reserves the right to remove any listing at any time for any reason, including violation of these Terms or our Acceptable Use Policy.

6.5 Commissions and Fees

Commission rates and applicable fees are set forth in the Vendor Agreement. During an early vendor period, Off Trail Market may offer reduced or zero-commission arrangements as specified in writing. Off Trail Market reserves the right to modify its fee structure upon reasonable advance notice to vendors.

7. The Outfitter

The Outfitter is a section of the Platform where qualified service providers (“Outfitters”) offer guided trips, experiences, and outdoor services for booking by users.

7.1 Outfitter Providers

Outfitters are independent third-party providers, not employees or agents of Off Trail Market. Off Trail Market does not organize, supervise, or participate in any experience offered through The Outfitter. Outfitters are solely responsible for the safety, legality, and quality of their services, including maintaining all required permits, licenses, and insurance coverage.

7.2 Booking Terms

Booking terms, including deposit requirements, cancellation policies, refund eligibility, and liability waivers, are established by the individual Outfitter and must be reviewed and accepted at the time of booking. Off Trail Market is not responsible for cancellations, modifications, or failures by Outfitters to deliver booked services.

7.3 Assumption of Risk

Outdoor activities involve inherent risks including, but not limited to, physical injury, illness, property damage, and death. By booking through The Outfitter, you acknowledge and voluntarily assume all risks associated with the booked activity. Off Trail Market disclaims all liability for any injury, loss, or damage arising from participation in experiences booked through The Outfitter.

8. Basecamp Community Forum

Off Trail Market operates a community forum called Basecamp, powered by wpForo. By participating in Basecamp, you agree to our Community Forum Rules in addition to these Terms.

You are solely responsible for all content you post in Basecamp. You agree not to post content that is unlawful, defamatory, harassing, threatening, obscene, or that infringes the rights of any third party. Off Trail Market reserves the right to remove any content and suspend or terminate any account for violations of these Terms or the Community Forum Rules.

Content you post in Basecamp is your own, but by posting you grant Off Trail Market a non-exclusive, royalty-free, worldwide license to display, distribute, and use that content in connection with operating and promoting the Platform.

9. Intellectual Property

9.1 Off Trail Market Content

All content on the Platform created by Off Trail Market, including logos, trademarks, design elements, text, and software, is the property of Off Trail Market and is protected by applicable intellectual property laws. You may not use, reproduce, or distribute any Off Trail Market content without our prior written permission.

9.2 Vendor and User Content

Vendors and users retain ownership of content they submit to the Platform. By submitting content, you grant Off Trail Market a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute that content for the purpose of operating and promoting the Platform.

You represent and warrant that you own or have the right to submit all content you post, and that your content does not infringe the intellectual property rights of any third party.

9.3 DMCA Compliance and Intellectual Property Enforcement

Off Trail Market respects intellectual property rights and expects all users and vendors to do the same. Off Trail Market complies with the Digital Millennium Copyright Act (17 U.S.C. § 512) and responds to valid notices of claimed copyright infringement.

Designated Agent. Off Trail Market has designated an agent to receive notifications of claimed copyright infringement. DMCA notices should be directed to:

Off Trail Market — DMCA Agent

Email: Admin@OffTrailMarket.com

Mailing Address: 105 Millwood Drive, Rogersville, Missouri 65742

To be valid under the DMCA, a notice of claimed infringement must include: (a) a physical or electronic signature of the copyright owner or authorized representative; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information sufficient to locate it on the Platform; (d) your contact information; (e) a statement that you have a good faith belief that the use is not authorized; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Counter-Notice. If you believe that content you posted was removed or disabled as a result of a mistake or misidentification, you may submit a written counter-notice to our Designated Agent. A valid counter-notice must include: (a) your physical or electronic signature; (b) identification of the material that was removed and its location before removal; (c) a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; and (d) your name, address, and phone number, and a statement that you consent to jurisdiction of the federal district court for your district. Upon receipt of a valid counter-notice, Off Trail Market will forward it to the original complainant and may restore the material no sooner than 10 and no later than 14 business days after receipt, unless the complainant provides notice of a court action seeking to restrain the activity.

Repeat-Infringer Policy. Off Trail Market has adopted and reasonably implements a policy of terminating, in appropriate circumstances, the accounts of users and vendors who are repeat copyright infringers. Users or vendors who receive multiple valid DMCA notices, or who are found to have repeatedly posted infringing content on the Platform, are subject to suspension or permanent termination of their account, in Off Trail Market’s sole discretion.

10. Prohibited Conduct

You agree not to:

Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
Interfere with or disrupt the integrity or performance of the Platform or its systems.
Attempt to gain unauthorized access to any portion of the Platform or any related systems.
Use automated tools, bots, or scrapers to access or collect data from the Platform without prior written consent.
Engage in any conduct that Off Trail Market determines, in its sole discretion, to be harmful to other users, vendors, or the Platform.
Circumvent any fees, restrictions, or mechanisms of the Platform.

Post false, misleading, or fraudulent reviews, listings, or content of any kind.

11. Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OFF TRAIL MARKET DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OFF TRAIL MARKET DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OFF TRAIL MARKET DOES NOT ENDORSE OR GUARANTEE ANY PRODUCTS, SERVICES, OR CONTENT OFFERED BY VENDORS OR OUTFITTERS ON THE PLATFORM.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OFF TRAIL MARKET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OFF TRAIL MARKET’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO OFF TRAIL MARKET IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless Off Trail Market and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in connection with:

Your use of or access to the Platform.
Your violation of these Terms.
Your violation of any applicable law or regulation.
Any content you submit to the Platform.
Your interactions with any other user, buyer, vendor, or Outfitter on the Platform.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceeding or arbitration, the party asserting a dispute must send a written Notice of Dispute to the other party. Notices to Off Trail Market must be sent to Admin@OffTrailMarket.com and must include: (a) your name and account information; (b) a clear description of the dispute and the specific relief requested; and (c) your contact information. Off Trail Market will respond within 60 days of receiving a complete Notice of Dispute. The parties agree to negotiate in good faith during this period. Statutes of limitations applicable to any claim are tolled during the 60-day informal resolution period. No arbitration or formal legal proceeding may be initiated until the 60-day period has concluded or the parties have agreed in writing that informal resolution has failed.

14.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions.

14.3 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Small Claims Exception. Either party may bring an individual claim in small claims court in the county of the user’s residence or in Greene County, Missouri, provided the claim qualifies for small claims court and remains an individual claim. Filing in small claims court does not waive either party’s right to compel arbitration if the claim is removed or transferred. Arbitration Opt-Out. You may opt out of this arbitration agreement by sending written notice to Admin@OffTrailMarket.com within 30 days of first accepting these Terms. Your notice must include your name, account email address, and a clear statement that you are opting out of arbitration. If you opt out, disputes will be resolved in court as provided in Section 14.2. Opting out does not affect any other provision of these Terms. Hearing Format. For claims under $25,000, arbitration will be conducted on a documents-only basis unless the arbitrator determines a hearing is necessary. Any hearing will be conducted by videoconference. If an in-person hearing is required by the arbitrator, it will be held in the county of your residence or in Greene County, Missouri, at your election.

14.4 Class Action Waiver

YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

15. Modifications to These Terms

Off Trail Market reserves the right to modify these Terms at any time. When we make material changes, we will notify registered users via email and/or by posting a prominent notice on the Platform prior to the changes taking effect. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms.

If you do not agree with any changes, your sole remedy is to discontinue use of the Platform and close your account.

16. Termination

Off Trail Market may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent activity, extended account inactivity, or actions that Off Trail Market determines to be harmful to the Platform or other users.

Upon termination, your right to use the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, and dispute resolution provisions.

17. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. Please review the Privacy Policy carefully.

18. Third-Party Services and Links

The Platform integrates with or links to third-party services, including Stripe (payment processing), Shippo (shipping), and others. Your use of these third-party services is governed by their respective terms and privacy policies. Off Trail Market is not responsible for the practices of any third-party service providers.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy, Vendor Agreement (if applicable), and any other policies incorporated by reference, constitute the entire agreement between you and Off Trail Market with respect to the Platform.

19.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

19.3 Waiver

Failure by Off Trail Market to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.

19.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Off Trail Market may assign these Terms without restriction.

20. Contact Us

If you have questions about these Terms, please contact us at:

Off Trail Market

offtrailmarket.com