Terms of Service
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1) Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the Odari website, applications, and services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
2) What Odari Is
Odari is a marketplace platform that allows users to list, discover, and transact in automotive parts and accessories. Odari is not the buyer or seller of items listed by users and does not take title to items at any time. Listings, descriptions, pricing, and fitment claims are provided by users. All payments, shipments, and communications related to transactions are handled directly between buyers and sellers. Odari does not act as an intermediary, escrow agent, or guarantor in any transaction.
3) Eligibility & Accounts
- You must be able to form a binding contract in your jurisdiction and comply with applicable laws.
- You are responsible for your account credentials and all activity under your account.
- We may suspend or terminate accounts that violate these Terms or our policies.
4) Listings, Fitment & Condition
- Sellers must provide accurate titles, descriptions, photos, condition, and compatibility/fitment information.
- Buyers are responsible for confirming fitment before purchase. Odari does not offer a fitment guarantee and does not verify compatibility or suitability of listed items.
- Prohibited misrepresentations include counterfeit items, false condition grading, and deceptive compatibility claims.
- Sellers are solely responsible for the safety, legality, and condition of items they list.
5) Prohibited Items & EPA/Emissions
- You may not list or sell items that violate law, including parts intended to defeat emissions controls (e.g., “delete” kits) or tamper with On-Board Diagnostics (OBD) systems.
- Sellers and buyers are responsible for compliance with the U.S. Clean Air Act, EPA regulations, CARB rules, and any other applicable laws. Listings that violate emissions, safety, or hazardous materials regulations are prohibited and may be removed.
6) Payments, Fees & Taxes
Odari does not currently enable or process payments. Buyers and sellers are responsible for arranging payment directly between themselves. Odari does not collect transaction fees and does not provide tax advice.
7) Shipping, Returns & Disputes
- Buyers and sellers are responsible for arranging shipping, packaging, and insurance unless Odari provides a specific service at checkout.
- Return policies must be clearly disclosed in the listing. Where a “Fitment Guarantee” is stated, its conditions apply.
- Odari may (but is not obligated to) assist with disputes. Odari is not responsible for losses arising from transactions between users.
8) Ratings & Reviews
Buyers may leave ratings/reviews of sellers. You agree to post only honest, relevant, and lawful feedback. Odari may moderate or remove feedback that violates these Terms.
9) Acceptable Use
- No fraudulent activity, spam, scraping, reverse engineering, or security testing without written consent.
- No posting of illegal content, harassment, hate speech, or IP-infringing materials.
10) Intellectual Property
Odari and its licensors own all rights in the Services, including trademarks, logos, text, and design, except for content uploaded by users. By posting content, you grant Odari a worldwide, non-exclusive, royalty-free license to host, display, and distribute that content for operating the Services.
11) Third-Party Services
The Services may integrate with third parties (e.g., payment processors, analytics, hosting). Odari is not responsible for third-party services and they are governed by their own terms.
12) Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ODARI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ODARI DOES NOT GUARANTEE ITEM CONDITION, AUTHENTICITY, OR FITMENT. ODARI IS NOT LIABLE FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM THE USE, INSTALLATION, OR MISUSE OF ANY ITEMS OBTAINED THROUGH THE SERVICES. ALL ITEMS ARE PURCHASED AND USED AT THE BUYER’S OWN RISK. BUYERS ARE RESPONSIBLE FOR VERIFYING COMPATIBILITY AND ENSURING PROPER INSTALLATION.
13) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ODARI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14) Indemnification
You agree to indemnify and hold harmless ODARI, its affiliates, and their officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your listings, or your violation of these Terms or applicable law.
15) Termination
We may suspend or terminate access to the Services at any time for any reason, including violations of these Terms. You may stop using the Services at any time.
16) Changes to Terms
We may update these Terms from time to time. Changes are effective when posted unless stated otherwise. Your continued use following changes constitutes acceptance.
17) Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Onondaga County, New York for any disputes arising out of or relating to these Terms or the Services.