Terms of service
Last updated: October 29, 2026
1. Agreement to these Terms
These Terms of Service ("Terms") are 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"). They govern your access to and use of our online store at offtrailmarket.com and related services (together, the "Store").
BY USING THE STORE, CREATING AN ACCOUNT, OR PLACING AN ORDER, 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 STORE.
Our Shipping Policy, Return and Refund Policy, and Privacy Policy are part of these Terms.
2. About Off Trail Market
Off Trail Market is an online store for the hunting, hiking, and camping community. We carry products from independent outdoor brands and makers in two sections:
- Gear Shop: outdoor gear and equipment from independent brands.
- Makers Market: handmade, small-batch, and artisan goods from independent makers.
When you place an order, you buy from Off Trail Market. The brand that makes your item packs and ships it directly to you. Brands are independent businesses, not employees or agents of Off Trail Market.
3. Eligibility
To use the Store, you must be at least 18 years of age (or the age of majority where you live, if higher), have the legal capacity to enter into a binding contract, and not be prohibited from using the Store under applicable law. By using the Store, you represent that you meet these requirements.
4. Accounts
You can check out as a guest or create an account. If you create an account, you agree to provide accurate information and keep it up to date. You are responsible for activity under your account and for keeping access to it secure. Tell us right away at Admin@OffTrailMarket.com if you suspect unauthorized use of your account.
5. Orders, pricing, and payment
Product information. Product descriptions, photos, specifications, and processing times are provided by the brands that make them. We work to keep listings accurate, but colors, sizes, and details may vary slightly, and handmade items naturally vary from piece to piece.
Order acceptance. Your order is an offer to buy. We may decline or cancel an order, in whole or in part, for reasons including product availability, an error in pricing or product information, or suspected fraud. If we cancel after you have been charged, you will receive a full refund for the cancelled items.
Pricing. Prices are in U.S. dollars. Applicable sales tax is calculated at checkout based on your shipping address. If a product is listed at an incorrect price, we may cancel the order and let you know.
Payment. Payments are processed securely through Shopify and its payment partners. Off Trail Market does not store full payment card information.
6. Shipping and delivery
Each brand ships its own products, so an order with items from more than one brand will arrive in separate packages with separate tracking numbers. We currently ship to addresses in the United States. Delivery estimates are not guaranteed, and carrier delays are outside our control. Our Shipping Policy explains what to do if a package is delayed, lost, or damaged.
7. Returns and refunds
Each brand sets its own return terms, so eligibility can vary by product. Every order is covered by the baseline protections in our Return and Refund Policy for items that are not as described, arrive damaged, or never arrive. To request a return or report a problem, contact us at Admin@OffTrailMarket.com and we will work with the brand on your behalf.
8. Safe use of outdoor products
Outdoor activities carry inherent risks, including injury, illness, property damage, and death. Follow the brand's instructions and warnings, use appropriate judgment, and use products only for their intended purpose. To the fullest extent permitted by law, you assume the risks of your outdoor activities.
9. Products we do not carry
Off Trail Market does not sell firearms, ammunition, firearm frames or receivers, suppressors, or any item regulated under the National Firearms Act or that requires a federal firearms license to transfer. Non-regulated accessories such as optics, slings, cleaning supplies, and cases may be offered. We also do not carry counterfeit, stolen, or infringing goods. If you believe a product on the Store violates this section, email us.
10. Intellectual property
Our content. Content created by Off Trail Market, including our logos, trademarks, design elements, text, and software, belongs to Off Trail Market and is protected by intellectual property laws. You may not use, reproduce, or distribute it without our prior written permission. Product names, photos, and brand marks belong to their respective brands.
Your content. If you submit content to us, such as a review, photo, or message, you keep ownership of it and grant Off Trail Market a non-exclusive, royalty-free, worldwide license to use, display, and reproduce it in connection with operating and promoting the Store. You represent that you have the right to submit it and that it does not infringe anyone else's rights.
Copyright complaints (DMCA). Off Trail Market respects intellectual property rights and responds to valid notices of claimed copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). Send notices to our designated agent:
Off Trail Market, DMCA Agent
Email: Admin@OffTrailMarket.com
Mailing address: 105 Millwood Drive, Rogersville, Missouri 65742
A valid notice must include: (a) a physical or electronic signature of the copyright owner or authorized representative; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and enough information to locate it on the Store; (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.
If you believe material was removed by mistake or misidentification, you may send a counter-notice to the same agent including: (a) your physical or electronic signature; (b) identification of the removed material and where it appeared; (c) a statement under penalty of perjury that you have a good faith belief it was removed by mistake or misidentification; and (d) your name, address, phone number, and consent to the jurisdiction of the federal district court for your district. We will forward a valid counter-notice 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 tells us they have filed a court action. We remove content from, and may end our relationship with, repeat infringers in appropriate circumstances.
11. Prohibited conduct
You agree not to:
- Use the Store for any unlawful purpose or in violation of any applicable law.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Interfere with or disrupt the Store or its systems, or attempt to gain unauthorized access to them.
- Use bots, scrapers, or other automated tools to access or collect data from the Store without our prior written consent.
- Place fraudulent orders or make false claims about orders, deliveries, or returns.
- Post false, misleading, or fraudulent reviews or content.
12. Disclaimers
THE STORE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OFF TRAIL MARKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS EXPRESSLY STATED IN OUR RETURN AND REFUND POLICY. PRODUCT WARRANTIES, IF ANY, ARE PROVIDED BY THE BRAND THAT MAKES THE PRODUCT. OFF TRAIL MARKET DOES NOT WARRANT THAT THE STORE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS.
13. 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 STORE OR ANY PRODUCT PURCHASED THROUGH IT, 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 THE STORE 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).
14. Indemnification
You agree to indemnify, defend, and hold harmless Off Trail Market and its officers, members, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from your use of the Store, your violation of these Terms or any applicable law, or any content you submit.
15. Dispute resolution
15.1 Informal resolution. Before starting 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 go to Admin@OffTrailMarket.com and must include: (a) your name and order or 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, and both parties agree to negotiate in good faith during that period. Statutes of limitations are tolled during the 60 day period. No arbitration or formal proceeding may begin until the 60 day period ends or both parties agree in writing that informal resolution has failed.
15.2 Governing law. These Terms are governed by the laws of the State of Missouri, without regard to its conflict of law provisions.
15.3 Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Store that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Judgment on the 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 your residence or in Greene County, Missouri, if the claim qualifies 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 emailing Admin@OffTrailMarket.com within 30 days of first accepting these Terms. Include your name, the email address you use with us, and a clear statement that you are opting out of arbitration. If you opt out, disputes will be resolved in court under Section 15.2. Opting out does not affect any other part of these Terms.
Hearing format. For claims under $25,000, arbitration will be conducted on a documents only basis unless the arbitrator decides a hearing is necessary. Any hearing will be held by videoconference. If the arbitrator requires an in-person hearing, it will be held in the county of your residence or in Greene County, Missouri, at your election.
15.4 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.
16. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will post the updated Terms here with a new date and, where appropriate, notify account holders by email. Your continued use of the Store after changes take effect means you accept the updated Terms. If you do not agree, your remedy is to stop using the Store.
17. Termination
We may suspend or terminate your access to the Store at any time, including for violation of these Terms, fraudulent activity, or conduct that harms the Store or others. Provisions that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, and dispute resolution.
18. Third-party services and links
The Store runs on Shopify and uses third-party services for payments, shipping, and analytics. It may also link to other websites. Your use of those services is governed by their own terms and privacy policies, and Off Trail Market is not responsible for their practices.
19. General provisions
Entire agreement. These Terms, together with the policies they reference, are the entire agreement between you and Off Trail Market about the Store. Severability. If any provision is found unenforceable, it will be modified to the minimum extent needed to make it enforceable, and the rest will remain in effect. Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later. Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. Off Trail Market may assign these Terms without restriction.
20. Contact us
Off Trail Market
Email: Admin@OffTrailMarket.com
Mailing address: 105 Millwood Drive, Rogersville, Missouri 65742