Terms of Use

The term "ONLINESMOGCHECK" refers to ONLINESMOGCHECK, LLC, a California limited liability corporation, and "you" or "your" refers to the customer using or booking a reservation through this website located at www.onlinesmogcheck.com (the "Site"). Any use of the Site by you, including any reservation you book through the Site, is subject to the terms and conditions of this User Agreement as they exist at the time of your use ("User Agreement").

Changes to the User Agreement
This User Agreement was last updated on March 09, 2006. ONLINESMOGCHECK reserves the right, at its sole discretion, to change, update, add or remove any portion of this User Agreement at any time by posting the changes to the User Agreement on the Site, which will be effective immediately. Please review the User Agreement each time you visit the Site. Your continued use of the Site after any changes to the User Agreement are posted will be considered acceptance of such changes.

Site Use and Limitations
ONLINESMOGCHECK grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the information, content, materials and data provided on the Site (collectively referred to as "Information") for personal and non-commercial purposes only pursuant to the terms and conditions of this User Agreement. Title to the Site and the Information remains with ONLINESMOGCHECK or its partners at all times. As a condition of your use of the Site, booking a reservation through the Site, or using any of the Information, you represent and warrant to ONLINESMOGCHECK that you will not use this Site or the Information, for any illegal purpose or for any purpose that is prohibited by this User Agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any Information, product, services or software obtained from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Under no circumstances may you "frame" the Site or any of its content or copy portions of the Site to a server. All links to the Site must be approved in writing by ONLINESMOGCHECK. All rights not expressly granted herein are reserved by ONLINESMOGCHECK.

General Terms of Service
This Site is provided solely to assist customers in determining the availability of vehicle testing and repair goods and services and to make legitimate reservations or otherwise transact business with affiliated vehicle testing and repair suppliers ("Suppliers"), and for no other purposes. Separate terms and conditions may apply to your reservation and purchase of vehicle-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any Supplier with whom you elect to deal, including, but not limited to, payment of additional amounts when due and compliance with the Supplier's rules and restrictions regarding availability and use of goods or services. You understand that any violation of these terms and conditions or any such Supplier's conditions of purchase may result in cancellation of your reservation(s) and for ONLINESMOGCHECK debiting your account for any costs we incur as a result of such violation. You shall be completely responsible for all charges and fees arising out of your use of this Site, and, without limitation, you shall be responsible for all charges and fees arising out of transactions performed by others on your behalf, whether or not such uses were performed with your consent.

Electronic Communications
You communicate with ONLINESMOGCHECK electronically whenever you visit the Site, make a reservation or send emails to ONLINESMOGCHECK. If you communicate with ONLINESMOGCHECK, you consent to receive communications from ONLINESMOGCHECK electronically. You agree that all notices, disclosures, agreements and other communications that ONLINESMOGCHECK provides to you electronically satisfy any legal requirements that communications be in writing.

By providing any communications or information to ONLINESMOGCHECK, you grant to ONLINESMOGCHECK an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, publish, transmit and distribute such communications or information, and you further agree that ONLINESMOGCHECK is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to ONLINESMOGCHECK. You further understand and acknowledge that ONLINESMOGCHECK does not want you to, and you warrant that you shall not, provide any information or material to ONLINESMOGCHECK that is defamatory, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary information or material of any other party. Any personally identifiable information you may provide to ONLINESMOGCHECK via the Site is protected by the Privacy Policy associated with the Site.

Your Warranties to ONLINESMOGCHECK
You warrant that you are at least 18 years old and possess the legal authority to enter into this User Agreement and to use this Site in accordance with the terms and conditions of this User Agreement. You agree to be financially responsible for your use of the Site as well as for the use of your name and credit card account to pay for products and services purchased at this Site by members of your household, including minors living with you. You also warrant that all information supplied by you or members of your household while using this Site is true and accurate.

Third Party Links
The Site may contain links to websites not operated by ONLINESMOGCHECK. These links are provided for your convenience, but we do not review, control, or monitor the materials on any other websites. ONLINESMOGCHECK makes no warranty or representation regarding, is not responsible for, and does not endorse, any linked websites or any information appearing on, products or services described on, or security or privacy practices employed by such linked websites. Links do not imply that ONLINESMOGCHECK or the Site sponsors, endorses or is affiliated or associated with the entities operating the linked websites, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of ONLINESMOGCHECK.

Prepaid Vehicle Service Transactions
You agree that your credit card will be charged for the full cost of your reservation with a Supplier upon submitting your reservation request via the Site. The cost of your reservation is the total of the indicated Supplier service rate plus applicable taxes and fees. The taxes are assessed to recover the amount ONLINESMOGCHECK pays to the Supplier in connection with your reservation for sales and other similar taxes. The fees are government imposed fees related to vehicle testing and other services, as applicable.

You may cancel or change your prepaid reservation. If you cancel a reservation you will be refunded the pre-paid reservation amount. You may cancel or change your reservation 2 hours prior to your reservation time.

As a pre-paid ONLINESMOGCHECK customer, you are eligible to receive one (1) free re-inspection if your vehicle fails its inspection the first time. The offer of free re-inspection is only valid within 15 days of the first inspection and will be delivered by the station that completed the first inspection. You may reschedule this free re-inspection online to get an appointment, or by going directly to the station and getting served on a stand-by (first come, first serve) basis.

If your vehicle fails its initial inspection, then fails the re-inspection or if you fail to complete the re-inspection within the 15 days, you will not be delivered a California smog state certificate. As a result we will automatically refund to your credit card the amount of $8.25 representing the pre-paid deposit for the state certificate.

You are responsible for any additional repair charge that arises at the smog check station.

Liability Disclaimer
THE SITE AND THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES AND TYPOGRAPHICAL OR OTHER ERRORS. SUPPLIER RATINGS DISPLAYED ON THE SITE ARE GENERATED BY USERS LIKE YOU AND ARE INTENDED ONLY AS GENERAL GUIDELINES. ONLINESMOGCHECK DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR ANYTHING ON THE SITE OR THE RELIABILITY OF ANY ADVICE, OPINION, RATING, STATEMENT OR OTHER INFORMATION DISPLAYED, DISTRIBUTED OR ACCESSED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. ONLINESMOGCHECK RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE.

ONLINESMOGCHECK PROVIDES THE SITE AND ALL INFORMATION, CONTENT AND DATA CONTAINED THEREIN ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; NONINFRINGEMENT AND TITLE.

THE SUPPLIERS PROVIDING VEHICLE TESTING AND REPAIR SERVICES FOR ONLINESMOGCHECK ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ONLINESMOGCHECK OR ITS AFFILIATES. ONLINESMOGCHECK AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. ONLINESMOGCHECK AND ITS AFFILIATES HAVE NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL.

IN NO EVENT SHALL ONLINESMOGCHECK OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ONLINESMOGCHECK OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification
If you violate this User Agreement or the Privacy Policy in a way that causes harm to or loss by others, you agree to indemnify, defend, and hold harmless ONLINESMOGCHECK and its offices, directors, employees, agents and Suppliers against any and all claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on, or in connection with your access and/or use of the Site or any link to or from the Site.

Termination
You may terminate your obligations under this User Agreement at any time by terminating your access to and use of the Site. Your sole and exclusive remedy under this User Agreement if ONLINESMOGCHECK is in breach of this User Agreement or if you are dissatisfied with the Site or with any term or condition of this User Agreement is to terminate this User Agreement and to discontinue accessing and using the Site. ONLINESMOGCHECK may terminate this User Agreement and all rights provided herein at any time, and, upon such termination, you agree immediately to destroy all Information.

Site Availability and Changes
The Site may be unavailable from time to time due to mechanical, technical, software, hardware or third party vendor failures, updating or construction. ONLINESMOGCHECK cannot predict or control when such downtime may occur and cannot control the duration of such downtime. ONLINESMOGCHECK may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time.

International Users
The Site is controlled, operated and administered from offices within the United States of America. ONLINESMOGCHECK makes no representation that any of the Information is appropriate or available for use at locations outside of the United States. Access to the Site or the Information from territories where the content of the Site is illegal is prohibited. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations.

General
By using this Site or booking a reservation through the Site you agree that the laws of the State of California, without regard to the principles of conflicts of laws, will govern this User Agreement and any dispute of any kind that arises between you and ONLINESMOGCHECK or its affiliates. You agree and irrevocably consent to the exclusive and sole jurisdiction of and venue in the courts located in Santa Clara County, California. This User Agreement (including the Privacy Policy) constitutes the entire agreement between you and ONLINESMOGCHECK with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ONLINESMOGCHECK with respect to the Site. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. ONLINESMOGCHECK's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. ONLINESMOGCHECK reserve the right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ONLINESMOGCHECK with respect to your use of the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ONLINESMOGCHECK as a result of this User Agreement or your use of the Site.

Copyright Notice
All contents of this Site are Copyright © 2010 ONLINESMOGCHECK LLC. All rights reserved.

Trademark Notice
ONLINESMOGCHECK LLC and the ONLINESMOGCHECK logo are trademarks or registered trademarks of ONLINESMOGCHECK LLC. Other product and ONLINESMOGCHECK names mentioned herein may be the trademarks of their respective owners. You agree not to display or use ONLINESMOGCHECK's logos, trademarks or service marks in any manner without ONLINESMOGCHECK's prior written permission.

Contact Information
If you have any questions about this User Agreement, please use the Contact Us page.