Terms of Service

Welcome to Smog Check Network! These Terms of Service ("Terms") govern your access to and use of the Smog Check Network website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY SERVICES, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

These Terms of Service are organized as follows:

1. Acceptance of Terms

2. Description of Services

3. Account Registration and Security

4. Purchasing Services

5. Payments and Refunds

6. Disclaimers and Limitations of Liability

7. Indemnification

8. Communication Disclosure

9. Shop Terms and Conditions

9.1. Eligibility and Account Registration
9.2. Shop Responsibilities
9.3. Platform Role
9.4. Payment Terms
9.5. Dispute Resolution and Legal Provisions
9.6. Indemnification

10. General Legal Provisions

10.1. Intellectual Property
10.2. Governing Law and Dispute Resolution
10.3. Modification
10.4. Contact Information

1. Acceptance of Terms

By creating an account, making a purchase, or otherwise using our Services, you confirm that you have read, understood, and agree to be bound by these Terms.

2. Description of Services

Smog Check Network is an online platform that connects customers with independently owned and operated businesses, such as smog check stations and mechanic shops ("Merchants"). We act solely as a marketplace. We do not perform any emissions testing, automotive repairs, or other vehicle-related services ourselves.

  • Third-Party Services: All services listed on our platform are offered and sold directly by the participating Merchants. When you purchase a service through our platform, you are buying directly from the Merchant, not from Smog Check Network.

  • Disclaimer: We strive to ensure the information on our platform is accurate and up to date. However, Smog Check Network makes no guarantees regarding the availability, quality, accuracy, or reliability of any service or content listed. Your use of the platform is at your own risk.

3. Account Registration and Security

  • Eligibility: You must be at least 18 years old to use our Services.

  • Account Information: You agree to provide accurate, complete, and current information when you register and to keep that information updated.

  • Account Security: You are responsible for protecting your password and for all activities that occur under your account. Please notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to protect your account.

4. Purchasing Services

  • Vouchers and Offers: Merchants may offer services through vouchers or direct booking options. Each offer has its own specific terms and conditions ("Offer Terms") that you must read and agree to before purchasing.

  • Redemption: Vouchers and booking confirmations must be redeemed directly with the designated Merchant. Smog Check Network is not responsible for a Merchant's failure to honor a voucher or booking due to reasons outside of our control (e.g., business closure, refusal of service for a valid reason).

  • Merchant Responsibility: The Merchant is the seller of the service and is solely responsible for the quality, safety, and performance of the services they provide.

5. Payments and Refunds

  • Payments: Smog Check Network facilitates payments between you and the Merchant using third-party payment providers. By using our Services, you agree to comply with the terms of these providers.

  • Refunds: Refund policies are detailed within the Offer Terms for each service. In general, refunds may be available if:

    • The service was not used.

    • The Merchant fails to provide the service.

    • There is a verifiable issue with the purchased service.

  • Refund Processing: All refunds will be processed during regular office hours. Claims submitted after hours, on weekends, or during holidays will be reviewed and processed on the next business day.

  • Missed Appointments: If you miss an appointment, it is at the sole discretion of the Merchant to provide a full or partial refund. While Smog Check Network will work with both you and the Merchant to help resolve any issues in good faith, the final decision rests with the Merchant.

6. Disclaimers and Limitations of Liability

  • "As Is" Basis: The Services are provided on an "as is" and "as available" basis, without any warranties, express or implied.

  • No Liability for Merchant Services: Smog Check Network does not guarantee that the services provided by Merchants will meet your needs or be uninterrupted, secure, or error-free. We are not responsible for the acts, errors, omissions, or negligence of any Merchant, or for any personal injuries, death, property damage, or other damages resulting from their services.

  • Limitation of Liability: To the fullest extent permitted by law, Smog Check Network and its affiliates, directors, employees, and agents will not be liable for any indirect, punitive, incidental, special, or consequential damages arising from your use of the Services or any services provided by a Merchant. By using our Services, you explicitly agree that Smog Check Network cannot be held liable or sued for any reason whatsoever related to your use of the platform or the services provided by a Merchant.

7. Indemnification

You agree to protect and defend Smog Check Network, its affiliates, and its employees from any claims, liabilities, damages, and costs (including reasonable legal fees) that may arise from your violation of these Terms or your use of the Services.

8. Communication Disclosure

By accepting these terms of service you agree to potentially receive recurring informational SMS, MMS or Email messages from Smog Check Network. My click is my electronic signature, and I authorize you to send me text messages on my mobile phone or landline. I understand that consenting to receive SMS messages is not a condition of purchase or service. This is a standard rate subscription service available on most carriers, Msg & Data Rates May Apply. You can also request additional information by texting HELP or sending an email to support@smogcheck.net ****

Service will continue until the customer cancels. Messaging frequency will vary. Subscription may be canceled by texting STOP.

9. Shop Terms and Conditions

This section applies to all businesses using our platform to offer services.

9.1. Eligibility and Account Registration

To participate as a Merchant ("Shop") on Smog Check Network, you must:

  • Be a licensed and certified smog check station, mechanic shop, or automotive professional in good standing with regulatory authorities, including the California Bureau of Automotive Repair (BAR).

  • Provide accurate, complete, and current registration information.

  • Maintain confidentiality of account credentials.

9.2. Shop Responsibilities

  • Service Quality: You are solely responsible for the quality, safety, and legality of services provided. Services must comply with all applicable laws and industry standards.

  • Pricing and Availability: You must honor appointments at agreed-upon times and prices; and keep hours, availability, and pricing accurate.

  • Customer Communication: You must respond promptly and professionally to customer inquiries and issues.

  • Data Privacy: Customer information obtained via the platform may only be used to provide purchased services. Any other use is prohibited.

  • Non-Exclusivity: Participation is non-exclusive. Smog Check Network reserves the right to suspend or terminate your account or limit visibility at its discretion.

9.3. Platform Role

  • Marketplace Only: Smog Check Network acts solely as a marketplace connecting Shops with customers. We are not a party to any service agreement made between you and a customer. Shops are fully responsible for accurately listing, describing, and pricing all services they offer on the platform.

  • Performance Metrics: Your visibility on the platform may be influenced by various performance metrics, including but not limited to customer reviews, appointment cancellations, pricing accuracy, and overall service reliability. These metrics and related policies are subject to change at any time without prior notice.

  • No Guarantee of Bookings: Smog Check Network does not guarantee any specific number of bookings, customers, or revenue generated through the platform.

9.4. Payment Terms

  • Payout Schedule: All payments received through the platform will be processed via ACH on the 1st and 16th of each month. Any check payments will be issued on the 1st of each month and mailed via United States Postal Service (USPS) First Class Mail by a third-party check processing company. A 30-day grace period applies for lost checks. Any fees associated with voiding and reissuing checks will be deducted from future payouts. Weekends and bank holidays may cause processing delays.

  • Banking Information Accuracy: Shops are solely responsible for providing accurate and current banking information to ensure successful ACH payouts. Smog Check Network is not liable for any missed, delayed, or failed payments resulting from incorrect, incomplete, or outdated account details provided by the Shop.

  • Fee and Deductions: Smog Check Network reserves the right to deduct any applicable card processing fees, platform subscription fees, outstanding balances directly from the Shop’s payout.

  • Taxes: Shops are solely responsible for reporting and paying all applicable federal, state, and local taxes and fees, including sales tax, related to the services they provide.

9.5. Dispute Resolution and Legal Provisions

  • Mandatory Arbitration: All disputes must be resolved through binding arbitration under the American Arbitration Association’s Commercial Arbitration Rules.

  • Waiver of Jury Trial and Class Actions: You waive the right to a jury trial and agree to resolve disputes individually, not as part of a class or mass action.

  • Legal Costs: Each party bears its own arbitration costs unless otherwise determined by the arbitrator.

  • Limitation of Liability: Smog Check Network is not liable for damages arising from your participation on the platform or interactions with customers.

  • Survival Clause: Sections on liability, indemnification, dispute resolution, and confidentiality survive termination of this Agreement.

9.6. Indemnification

You agree to indemnify and hold harmless Smog Check Network, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including legal fees) resulting from your participation in the platform, services you provide, or your breach of these Terms.

10. General Legal Provisions (Applying to Both Customers and Shops)

10.1. Intellectual Property

All content on the Smog Check Network website and Services, including text, graphics, logos, and software, is the property of Smog Check Network or its licensors and is protected by intellectual property laws. You may not use this content without our express written permission.

10.2. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California. Any disputes not subject to arbitration will be resolved exclusively in the state or federal courts located in Santa Clara County, California.

10.3. Modification

We reserve the right to modify these Terms at any time. We will post notice of any changes on our website. By continuing to use the Services after the effective date of the changes, you agree to be bound by the updated Terms.

10.4. Contact Information

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

Smog Check Network Customer Service support@smogcheck.net 408.709.7006