Terms of Service

SmokeAxis is a B2B online directory that connects smoke shop and vape shop owners (“Buyers”) with wholesale distributors and manufacturers (“Suppliers”). We provide a platform for Suppliers to list their businesses and for Buyers to discover and contact those Suppliers.

SmokeAxis is a directory service only. We are not a party to any transaction, agreement, or dispute between Buyers and Suppliers. We do not manufacture, sell, distribute, or endorse any products listed on the platform.

To create an account, you must:

• Be at least 18 years of age
• Be a legally authorized representative of the business you register
• Provide accurate and complete registration information
• Keep your account credentials confidential
• Notify us promptly of any unauthorized use of your account

By registering, you represent that you are operating a legitimate business and that all information you provide is accurate. You are responsible for all activity under your account.

In addition, each Buyer registering to use SmokeAxis represents and warrants that:

• The Buyer is a business, or an individual authorized to act on behalf of a business, engaged in the resale or business use of the categories of products listed by Suppliers on SmokeAxis
• The Buyer is not using SmokeAxis for personal, family, household, or end-user consumption or use, and is not seeking to source products for such use
• The Buyer will use Supplier information, contact details, and any lead-response received from a Supplier solely for lawful business sourcing, evaluation of Supplier fit, and legitimate commercial procurement, and not for any personal or non-business purpose
• The Buyer will not resell, redistribute, or transfer Supplier contact information received through SmokeAxis to any third party without the Supplier’s separate written consent, except as required by law

You agree to use SmokeAxis only for lawful purposes and in accordance with these Terms. You must not:

• Submit false, misleading, or fraudulent information about yourself or your business
• Impersonate another person or entity, or claim to represent a business you are not authorized to represent
• Use the platform to contact suppliers for personal (non-business) purchases
• Send unsolicited commercial messages (spam) through our contact forms
• Attempt to scrape, crawl, or systematically download content from our directory without express written permission
• Introduce malware, viruses, or other harmful code
• Attempt to circumvent any security measure or access any part of the platform you are not authorized to access
• Use SmokeAxis for any illegal purpose, including the sale of products that violate applicable federal, state, or local laws
• Violate any applicable law or regulation, including those related to tobacco, nicotine, CBD, hemp, or other regulated substances

By submitting a listing, Suppliers represent and warrant that:

• All information is accurate and not misleading
• They are a legitimate wholesale supplier or distributor operating in compliance with all applicable laws
• They have the legal right to sell the products listed
• Their products comply with applicable federal, state, and local regulations
• They will update their listing promptly if any information becomes inaccurate
• The Supplier is not a producer, distributor, or predominantly a seller of Prohibited Content (as defined in Section 13), and the Supplier’s listing on SmokeAxis accurately reflects the Supplier’s actual product catalog and business focus as of the date the listing is submitted or last updated
• The Supplier holds all licenses, registrations, permits, and authorizations required by federal, state, and local law to sell, distribute, market, or ship the products described in its listing, in each jurisdiction where the Supplier operates or ships, and each such license, registration, permit, or authorization is current and in good standing
• The Supplier has read and complies with Section 13 (Prohibited Content) and will not use its listing, its participation in the SmokeAxis directory, or any lead received through SmokeAxis to solicit, promote, advertise, or fulfill any order for Prohibited Content
• The Supplier will notify SmokeAxis (i) immediately, and in any event within twenty-four (24) hours, if the Supplier begins, plans to begin, or becomes aware that it may be listing, promoting, offering, selling, shipping, or otherwise dealing in any category of product described in Section 13 (Prohibited Content), if any license, registration, permit, or authorization identified in the Supplier’s warranties above lapses, is suspended, or is revoked, or if the Supplier receives any notice, subpoena, inquiry, or communication from any regulator, licensing authority, or law-enforcement agency relating to the Supplier’s compliance with Section 13 or the warranties in this Section 4; and (ii) within thirty (30) days, for any other material change to the Supplier’s product catalog or business focus that does not fall within clause (i)

SmokeAxis reserves the right to remove, modify, or suspend any listing that we believe, in our sole discretion, contains false information, violates these Terms, or is otherwise harmful to users or the platform, including any breach of a warranty in this Section 4 or the presence of Prohibited Content (as defined in Section 13). Removal or suspension under this paragraph may be immediate and without prior notice, and does not entitle the Supplier to a refund of any subscription fee paid.

SmokeAxis does not verify or endorse supplier listings. The presence of a supplier on our platform does not constitute a recommendation or endorsement.

When a Buyer submits a quote request form, their contact information (name, business name, email, phone if provided, city/state, and message) is shared with the Supplier they contacted. By submitting a quote request, Buyers explicitly consent to this sharing.

Suppliers who receive lead information through SmokeAxis agree to:

• Use the contact information only to respond to the specific inquiry submitted
• Not add the Buyer to marketing lists without the Buyer's separate consent
• Handle the Buyer's personal information in compliance with applicable privacy laws, including the CCPA
• Not share or sell the Buyer's information to third parties

SmokeAxis is not responsible for how Suppliers handle contact information received through lead forms. Buyers submit quote requests at their own discretion.

SmokeAxis offers both free and paid subscription tiers for Suppliers. Paid subscriptions are billed monthly or annually as selected. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis.

Subscription terms:

• Subscriptions renew automatically unless cancelled before the renewal date
• Prices are listed in USD and may be changed with 30 days notice to active subscribers
• Refunds are available within 7 days of initial purchase for new subscriptions only
• Downgrading your plan may result in loss of features and does not result in a refund for the current billing period
• Non-payment may result in suspension or termination of your listing

The SmokeAxis platform, including its design, code, trademarks, and proprietary content, is owned by SmokeAxis and protected by intellectual property laws.

Suppliers retain ownership of their listing content (descriptions, logos, images) but grant SmokeAxis a non-exclusive, royalty-free license to display, reproduce, and distribute that content as part of operating the directory, including in search engine indexes, social media previews, and marketing materials.

You may not reproduce, modify, distribute, or create derivative works from SmokeAxis content without express written permission.

Some jurisdictions do not allow limitations on implied warranties or exclusions of certain types of damages, so the above limitations may not apply to you.

SMOKEAXIS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• Supplier listings are accurate, complete, or up to date
• Suppliers are licensed, compliant, or legitimate
• The platform will be uninterrupted, error-free, or secure
• Any particular supplier will respond to your inquiry

For clarity, SmokeAxis’s acceptance, publication, ranking, display, or continued hosting of a Supplier listing does not constitute SmokeAxis’s verification, representation, warranty, endorsement, or guarantee that the Supplier is licensed, compliant, or legitimate. Each Supplier remains solely responsible for its own representations and warranties in Section 4, and SmokeAxis is entitled to rely on those representations and warranties without conducting independent verification. Nothing in this Section 9 waives or diminishes any Supplier’s obligations under Section 4 or Section 13 (Prohibited Content), nor SmokeAxis’s rights under Section 15 (Reporting Non-Compliant Listings), Section 16 (Audit Rights), or the delisting provisions of these Terms.

Informal resolution: If you have a dispute with SmokeAxis, please contact us first at legal@smokeaxis.com. We will make a good-faith effort to resolve the issue informally within 30 days.

Governing law: These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action arising under these Terms shall be brought in the federal or state courts located in Delaware.

Disputes between Buyers and Suppliers are solely between those parties. SmokeAxis is not responsible for resolving disputes arising from transactions, products, or communications between Buyers and Suppliers. Buyers and any person concerned about a Supplier listing are encouraged to use the reporting mechanism described in Section 15 to notify SmokeAxis.

SmokeAxis may suspend or terminate your account and access to the platform at any time, with or without notice, if we determine that you have:

• Violated these Terms of Service
• Provided false or misleading information in your listing or account
• Engaged in fraudulent, deceptive, or abusive behavior toward other users
• Failed to pay subscription fees when due
• Used the platform in a way that could expose SmokeAxis to legal liability
• Violated any applicable law or regulation

Upon termination, your right to access the platform ceases immediately. You may request deletion of your data as described in our Privacy Policy. Paid subscription fees are non-refundable upon termination for cause.

You may also terminate your account at any time by contacting us. Supplier listings will be removed within 7 business days of termination.

SmokeAxis may modify these Terms at any time. Changes are effective when posted with an updated “Last updated” date. Your continued use of the platform after changes are posted constitutes acceptance of the modified Terms.

Suppliers may not list, promote, advertise, or offer for sale through SmokeAxis, and Buyers may not use SmokeAxis to source, any of the following (collectively, “Prohibited Content”):

• Products containing intoxicating cannabinoids, whether hemp-derived, cannabis-derived, or synthesized or semi-synthesized outside the plant, including but not limited to delta-8 THC, delta-9 THC, delta-10 THC, THC-P, HHC, and THC-O
• High-THCA (tetrahydrocannabinolic acid) products intended for smoking, vaping, heating, decarboxylation, or other conversion to intoxicating THC
• Concentrated, isolated, synthetic, or semi-synthetic kratom alkaloid products, including 7-hydroxymitragynine (7-OH) products, except to the extent expressly permitted by applicable law
• Cannabis products of any kind, including CBD products, offered by a Supplier that does not currently hold a valid license to sell such products in each jurisdiction where the Supplier or its Buyers are located
• Vapor and electronic nicotine delivery system (ENDS) products that lack a current FDA marketing authorization (marketing granted order following a Premarket Tobacco Application)
• Any product whose sale, distribution, or advertisement violates the federal Prevent All Cigarette Trafficking (PACT) Act, including 15 U.S.C. § 376a (delivery-sales provisions); the California Business and Professions Code; the California Health and Safety Code; or comparable statutes in any state where the Supplier operates or to which the Supplier ships

SmokeAxis may, in its sole discretion and at any time, remove, suspend, or refuse any listing that SmokeAxis reasonably believes contains, describes, promotes, or is intended to include Prohibited Content, whether or not the listing otherwise complies with these Terms. A Supplier’s inclusion of Prohibited Content in its listing, product catalog, or communications with Buyers constitutes a material breach of these Terms.

Nothing in these Terms creates any agency, partnership, joint venture, franchise, employment, or fiduciary relationship between SmokeAxis and any Buyer or Supplier. No Buyer or Supplier has any authority to represent, bind, or act on behalf of SmokeAxis, and SmokeAxis has no authority to represent, bind, or act on behalf of any Buyer or Supplier. Each Buyer and each Supplier is an independent actor with respect to its own business, its listing (in the case of Suppliers), its purchasing decisions (in the case of Buyers), and any transactions it enters with any other party.

SmokeAxis maintains a listing-reporting mechanism at smokeaxis.com/report-listing through which any person may submit a report of a Supplier listing that violates these Terms, including Section 13 (Prohibited Content) or any warranty in Section 4. SmokeAxis reviews each report in the ordinary course of its operations and, at its sole discretion, may take any action it deems appropriate in response, including:

• Removing, suspending, or hiding the reported listing
• Suspending or terminating the Supplier’s account
• Withholding lead information from the Supplier pending review
• Referring the matter to law enforcement, a licensing authority, or a regulator
• Preserving evidence of the reported conduct for use in any subsequent proceeding

The absence of a report about a listing does not limit SmokeAxis’s right to take any of the actions above on its own initiative. The presence of a report about a listing does not obligate SmokeAxis to take any specific action, and SmokeAxis’s response to any individual report is a matter of its sole discretion.

At any time and from time to time, SmokeAxis may request from a Supplier — and the Supplier will produce within a reasonable time not to exceed ten (10) business days of the request — copies or excerpts of (a) any license, registration, permit, or authorization identified in or required by the Supplier’s Section 4 warranties, (b) any Certificate of Analysis (COA) or laboratory testing report applicable to a product the Supplier lists, describes, or promotes on SmokeAxis, (c) any FDA authorization document (including any marketing granted order, pending PMTA submission confirmation, or other FDA correspondence) applicable to a product the Supplier lists, describes, or promotes on SmokeAxis, and (d) any excerpt of the Supplier’s product catalog, price list, or Buyer-facing offer relevant to SmokeAxis’s review of the Supplier’s compliance with Section 13 or Section 4. A Supplier’s failure or refusal to timely produce requested materials is grounds for immediate removal or suspension of the Supplier’s listing at SmokeAxis’s sole discretion.

For questions about these Terms: