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Off Trail Market – Booking Terms and Conditions
Effective Date: May 1, 2026
offtrailmarket.com
Off Trail Market respects the intellectual property rights of others and expects all users, vendors, and community participants to do the same. This Policy explains how to report claims of copyright infringement, how we respond, and what rights users have when their content is removed. It applies to all content on the Platform, including vendor listings, images, product descriptions, storefronts, Basecamp forum posts, and any other user-generated content.
1. Overview and Scope
Off Trail Market (“OTM,” “we,” “us,” or “our”) is operated by Gunnison Gear LLC, a Missouri limited liability company. We comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) and respond to properly submitted notices of alleged copyright infringement by removing or disabling access to infringing content and, in appropriate circumstances, terminating the accounts of repeat infringers.
This Policy applies to all content made available through the Off Trail Market Platform, including:
- Vendor product listings, photographs, and descriptions.
- Vendor shop profiles and branding assets.
- Posts, comments, and media submitted to the Basecamp community forum.
- Any other user-submitted content hosted on or transmitted through the Platform.
This Policy is incorporated by reference into the Off Trail Market Terms of Service. The repeat-infringer termination policy described in Section 6 below is also set out in Section 9.3 of the Terms of Service.
2. Designated DMCA Agent
Off Trail Market has registered a designated agent with the United States Copyright Office to receive notifications of claimed copyright infringement as required by 17 U.S.C. § 512(c)(2). All DMCA notices and counter-notices must be sent directly to the Designated Agent:
Designated Agent: Matthew C Fish
Organization: Gunnison Gear LLC dba Off Trail Market
Mailing Address: 105 Millwood Drive, Rogersville, Missouri 65742
Phone: 317-476-3399
Email: Admin@OffTrailMarket.com
Notices sent to any other address or email may not receive a response and will not trigger OTM’s obligations under the DMCA. Only notices sent directly to the Designated Agent will be treated as valid DMCA notices for purposes of this Policy.
3. Filing a Takedown Notice
3.1 Who May File
A DMCA takedown notice may be submitted by a copyright owner or by a person or entity authorized to act on behalf of a copyright owner. If you are not the copyright owner, you must have authorization to submit the notice on the owner’s behalf.
3.2 Required Elements
To be valid under 17 U.S.C. § 512(c)(3), a notice of claimed infringement must include all of the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
- Identification of the copyrighted work you claim has been infringed. If a single notification covers multiple works, you may provide a representative list.
- Identification of the material you claim is infringing and information reasonably sufficient to permit Off Trail Market to locate the material on the Platform, such as a direct URL or other specific location identifier.
- Your contact information, including your name, mailing address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement made under penalty of perjury that the information in the notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Notices that do not include all required elements may not be processed. Off Trail Market reserves the right to request additional information to verify the validity of a notice.
3.3 Where to Send Your Notice
All DMCA takedown notices must be sent to the Designated Agent by email or physical mail at the contact information listed in Section 2. Email submission to Admin@OffTrailMarket.com is preferred for fastest processing.
11. Modifications to Bookings and Platform Terms
11.1 Outfitter Modifications
Outfitters may need to modify booked experiences due to weather, wildlife conditions, access issues, or other circumstances. Minor modifications — such as a change in start time, meeting location, or specific activity within a multi-day trip — do not entitle guests to cancellation or refund unless the modification materially changes the nature of the experience.
Material modifications — such as a significant change in location, duration, or core activity — require guest consent. If a guest does not consent to a material modification, they are entitled to cancel and receive a full refund, regardless of the Outfitter’s standard cancellation policy.
4. Our Response to a Valid Notice
4.1 Review and Action
Upon receipt of a notice that includes all required elements, Off Trail Market will:
- Review the notice to confirm it meets the statutory requirements.
- Remove or disable access to the material identified in the notice.
- Notify the user who submitted the allegedly infringing content that their content has been removed and the reason for removal.
- Provide the user with information about the counter-notice process described in Section 5.
- Document the notice and action taken in our records.
4.2 Limitations
Off Trail Market’s removal of content in response to a DMCA notice does not constitute a determination that the content is actually infringing. We are not in a position to adjudicate copyright disputes. We act in response to properly submitted notices and follow the process set out by statute.
Off Trail Market is not required to notify you before removing content in response to a valid DMCA notice. However, we will notify the affected user promptly after removal.
5. Counter-Notification
5.1 When to Submit a Counter-Notice
If you believe that content you submitted to the Platform was removed or disabled as a result of a mistake or misidentification — for example, if the content is your own original work, if it falls within a fair use exception, or if you have a license to use the material — you may submit a written counter-notice to our Designated Agent.
5.2 Required Elements
To be valid under 17 U.S.C. § 512(g)(3), a counter-notice must include all of the following:
- Your physical or electronic signature.
- Identification of the material that was removed or disabled and the location at which the material appeared before it was removed or access to it was disabled.
- 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.
- Your name, mailing address, and telephone number.
- A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or for any judicial district in which Off Trail Market may be found, if your address is outside the United States), and that you will accept service of process from the person who submitted the original takedown notice or their agent.
5.3 Counter-Notice Process and Restoration Timeline
Upon receipt of a valid counter-notice, Off Trail Market will:
- Forward a copy of the counter-notice to the person who submitted the original takedown notice, including your contact information.
- Inform the original complainant that Off Trail Market may restore the removed material no sooner than 10 and no later than 14 business days from the date we forward the counter-notice, unless the complainant files an action in federal court seeking to restrain the activity.
- Restore the removed material within that 10-to-14-business-day window unless Off Trail Market receives notice from the original complainant that they have filed a court action seeking to restrain the re-posting.
Please be aware that forwarding your counter-notice to the complainant will disclose your contact information to that person. If you are concerned about this, consult an attorney before submitting a counter-notice.
6. Repeat Infringer Policy
In accordance with 17 U.S.C. § 512(i), Off Trail Market has adopted and reasonably implements a policy for terminating, in appropriate circumstances, the accounts of users and vendors who are repeat copyright infringers.
Off Trail Market tracks DMCA notices received and actions taken. Users or vendors who:
- Receive multiple valid and uncontested DMCA notices within a rolling 12-month period.
- Have counter-notices rejected or not filed in response to repeated notices.
- Are found to have submitted substantially similar infringing content after a previous removal.
- Engage in a pattern of posting infringing content that suggests willful infringement.
…may be subject to temporary suspension or permanent termination of their Platform account, in Off Trail Market’s sole discretion. The severity of the action taken will depend on the nature, frequency, and apparent intent behind the infringing activity.
This repeat-infringer policy applies to all users regardless of their role on the Platform, including buyers, vendors, and Basecamp community members. This policy is also described in Section 9.3 of the Off Trail Market Terms of Service.
7. Misrepresentation
Under 17 U.S.C. § 512(f), any person who knowingly and materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorney’s fees, incurred by the alleged infringer, the affected user, or Off Trail Market.
Do not submit a DMCA takedown notice or counter-notice unless you have a genuine, good-faith belief in the claims you are making. Off Trail Market will not tolerate abuse of the DMCA notice-and-takedown process, including the use of false notices to remove legitimate content from the Platform. Verified abuse of this process may result in suspension or termination of the submitter’s account.
8. Trademark and Other Intellectual Property
This Policy specifically addresses copyright infringement under the DMCA. For reports of trademark infringement, counterfeit goods, or other intellectual property violations, please contact us at Admin@OffTrailMarket.com with a description of the alleged violation, the relevant intellectual property right, and the specific content or listing at issue. Off Trail Market will review such reports and take appropriate action under its Acceptable Use Policy and Vendor Agreement.
Off Trail Market’s response to trademark and non-copyright IP complaints is governed by its internal policies and the applicable law, and does not follow the specific statutory notice-and-takedown process described in this Policy.
9. Changes to This Policy
Off Trail Market reserves the right to update this Policy at any time. When material changes are made, we will notify registered users via email and post the updated Policy on the Platform with a new effective date. Your continued use of the Platform after the effective date of any update constitutes your acceptance of the revised Policy.
10. Contact Us
For DMCA notices, counter-notices, or questions about this Policy, please contact:
Off Trail Market — DMCA Agent
Email: Admin@OffTrailMarket.com
Mailing Address: 105 Millwood Drive, Rogersville, Missouri 65742
Phone: 317-476-3399
Website: offtrailmarket.com
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Last Updated: May 1, 2026 | Off Trail Market | offtrailmarket.com