00 Legal Warning
NOTICE: All products displayed on this Website are verified by third-party testing as zero-nicotine and free of tobacco-derived ingredients. This Website is nonetheless exclusively accessible to individuals aged 21 and older residing in the United States, complying with the federal PACT Act (which covers vaping devices regardless of nicotine content) and state-level vapor product laws. This website does not support online ordering, payment processing, or product fulfillment. All product information is for reference and business inquiry purposes only and does not constitute an offer for sale. This notice will be updated if test results change.
01 Acceptance of Terms
1.1 By accessing, browsing, registering an account, submitting inquiry forms or viewing any content on Windbar Official Website (hereinafter referred to as "the Website"), you confirm that you have fully read, understood and unconditionally agreed to accept these Terms of Service, together with the Website's Privacy Policy, Cookie Policy and Age Verification Policy, which are incorporated herein by reference.
1.2 If you do not agree to any part of these Terms, you shall immediately terminate all access and use of the Website. Continued use of the Website shall be deemed conclusive acceptance of all terms and clauses herein.
1.3 These Terms apply to all visitors, registered C-end individual users and B-end wholesale dealer users of the Website.
02 Age Eligibility & Access Restriction
2.1 In accordance with U.S. federal and state vapor product regulatory laws — including the federal PACT Act, whose definition of "ENDS" covers vaping devices regardless of nicotine content — access to this vapor product website is strictly restricted to users aged 21 or older, even though the Website's products are verified by third-party testing as zero-nicotine. You warrant that you are at least 21 years of age and legally reside within the United States each time you access the Website.
2.2 The Website implements mandatory pre-access age verification. You shall provide true, accurate and complete age and identity information, and shall not use false identity, proxy access, technical bypass or other means to evade age verification screening.
2.3 Windbar reserves the right to block IP addresses, restrict account access, freeze or permanently delete user accounts without prior notice if we reasonably determine that you are under 21 years old or violate age access regulations.
2.4 The Website is not intended for access by residents of regions, states or jurisdictions that prohibit the display, promotion or dissemination of vapor product information, regardless of nicotine content.
03 Website Function Scope Definition
3.1 The functional scope of the Website is clearly defined as basic display and interaction services only, including:
3.2 No Online Transactions: This website does not support online transactions of any kind, including but not limited to shopping carts, order placement, payment processing, shipping, returns, exchanges, refunds, or electronic contract execution.
3.3 All product reference prices, specifications and pictures displayed on the Website are only for offline business negotiation reference. No contractual relationship shall be formed by website browsing or inquiry submission. All formal cooperation, quotation and transaction matters shall be subject to separate written offline agreements signed by both parties.
3.4 Business Scope Alignment: This Website presents (a) zero-nicotine e-cigarette hardware and technical support, verified by third-party testing, and (b) OEM/ODM manufacturing of empty, CBD-compatible vaping hardware only. The Company does not fill, formulate, or supply any CBD, hemp extract, or THC-containing e-liquid; brand partners are solely responsible for such content. See the Statement of Business Scope for details.
- Product catalog display: e-cigarettes, disposable vapes, pod systems, accessories and related parameter, image and specification introduction;
- User management: online registration, login and basic information editing for C-end individual users and B-end wholesale dealer users;
- Business interaction: online message inquiry, wholesale cooperation consultation, dealer qualification application submission and offline business docking;
- Basic customer service: embedded live chat for preliminary business communication and consultation reply.
04 User Account Registration & Management
4.1 Users may register two types of accounts on the Website: Individual Account for individual visitors and Business Account for commercial wholesale users. You shall select the correct account type and submit true, accurate and complete identity or enterprise qualification information during registration.
4.2 You are solely responsible for maintaining the confidentiality of your account username, password and login credentials. All operations performed under your logged-in account shall be deemed acts conducted by you personally.
4.3 You shall not sell, rent, transfer, lend or share your account with any third party without the written consent of Windbar.
4.4 Windbar reserves the right to suspend, restrict or permanently terminate your account if you submit false registration information, violate these Terms, or engage in behaviors violating U.S. tobacco regulatory laws.
4.5 You may apply for account deletion via official customer service. We will clear your relevant data in accordance with the Website's Privacy Policy after identity verification.
05 User Code of Conduct & Prohibited Acts
5.1 When using the Website, you shall comply with all applicable U.S. federal, state and local laws, FDA vapor product regulations, industry self-discipline rules, as well as these Terms and supporting policies.
5.2 The following behaviors are strictly prohibited:
5.3 Windbar may take action including but not limited to removing submitted content, restricting account access, permanently suspending accounts, and blocking IP addresses of users who violate these Terms, and reserves the right to pursue legal liabilities.
- Promoting, marketing or inducing minors under 21 to access or use vapor products via the Website, regardless of nicotine content;
- Submitting illegal, false, obscene, violent, discriminatory, infringing or misleading information through inquiry forms, live chat or message channels;
- Using crawlers, bots, hacking tools, brute force cracking or other technical means to scrape website data, interfere with server operation or attack the Website;
- Registering fake accounts in batches, impersonating other enterprises or individuals to send malicious, harassing or spam inquiries;
- Using the Website to conduct unlicensed tobacco/vapor product wholesale, cross-state illegal circulation or other illegal business activities;
- Disseminating computer viruses, malicious scripts, spam advertisements and harmful information via the Website;
- Any other acts that violate laws, infringe third-party rights or damage the normal operation of the Website.
06 Intellectual Property Rights
6.1 All texts, product images, trademarks, logos, page layouts, graphic designs, website codes and other intellectual resources on the Website are the exclusive intellectual property of Windbar, protected by U.S. Copyright Act, Trademark Act and international intellectual property conventions.
6.2 Without prior written authorization from Windbar, no user may copy, download, reproduce, modify, redistribute, reprint, commercially use or republish any content of the Website.
6.3 You shall not use Windbar's trademarks, brand names, product images and design elements to counterfeit products, produce false promotional materials or mislead third-party dealers and consumers.
6.4 Quotation of Website content for offline business communication must mark the original source and obtain prior written consent from Windbar.
07 Third-Party Services & External Links
7.1 The Website integrates authorized third-party tools including Cloudflare (security protection), Google Analytics (anonymous traffic statistics) and HubSpot (inquiry management) to support basic website operation. Your use of such tools is also subject to the respective third-party privacy policies.
7.2 The Website may contain hyperlinks to external third-party websites for user reference only. Windbar does not control the content, security and privacy rules of external websites, and assumes no liability for risks arising from user access to third-party links.
7.3 Windbar does not endorse, warrant or assume responsibility for any products, services or information displayed on external third-party platforms.
08 Online Transaction Exclusion & Liability Exemption
8.1 The Website is a pure display and inquiry platform without e-commerce transaction functions. No online sales contract, trading obligation or binding transaction relationship shall be generated by website browsing, account registration or inquiry submission.
8.2 All offline transactions, quotations, cooperation agreements and delivery arrangements are independently negotiated and signed by both parties offline. The rights, obligations and liability of both parties shall be subject to the formal written offline agreement, not the Website content.
8.3 The product information and reference prices on the Website are not legal binding offers. Windbar shall not be liable for price differences, specification deviations or cooperation disputes arising from offline transactions.
8.4 Windbar is not involved in offline fund settlement, logistics delivery and after-sales processing between users and the company's sales team, and does not assume corresponding transaction liability.
09 User Submitted Content Rules
9.1 When you submit inquiries, dealer application materials, messages and other content to the Website, you warrant that you own complete legal ownership of the submitted content, and the content does not infringe the trademark, copyright, portrait right, privacy right or other legitimate rights of any third party.
9.2 You grant Windbar a non-exclusive, worldwide, royalty-free license to store, view, reply and process your submitted content solely for the purpose of business docking and inquiry handling. We will not disclose your non-public business information to irrelevant third parties without your explicit consent.
9.3 Windbar reserves the right to delete, hide or reject any illegal, false, infringing or irrelevant submitted content without prior notice to the user.
10 Website Maintenance & Service Interruption
10.1 Windbar may conduct regular server maintenance, system upgrade, security optimization and function iteration. During the maintenance window, partial or full website service may be temporarily suspended without prior notice.
10.2 Service interruption or access failure may also be caused by force majeure events, including natural disasters, network operator failures, cyber attacks, U.S. government regulatory access restrictions and other uncontrollable factors.
10.3 Windbar shall not be liable for any direct or indirect losses incurred by users due to temporary website unavailability, and will endeavor to restore normal service as soon as possible after interruption.
11 Disclaimer of Warranties
11.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis. Windbar makes no express or implied warranties, including without limitation implied warranties of merchantability, fitness for a specific purpose and non-infringement of third-party rights.
11.2 Windbar does not warrant that the Website will operate uninterrupted, error-free, completely secure or free of malicious code; nor does it warrant that all product information is real-time updated, error-free or completely consistent with offline physical products.
11.3 You shall independently verify whether the displayed products comply with the sales, licensing and circulation laws of your resident U.S. state before conducting offline cooperation, and bear all compliance risks independently.
12 Limitation of Liability
12.1 To the fullest extent permitted by applicable U.S. laws, Windbar shall not be liable for any indirect, incidental, consequential, special or punitive damages, lost profits, lost business opportunities or data losses arising from your use of the Website.
12.2 The total aggregate liability of Windbar for all claims related to Website use shall not exceed the proven actual direct economic loss of the user.
12.3 This liability limitation clause shall remain effective after the termination of your Website access or account cancellation. For jurisdictions where liability limitation is prohibited by law, the scope shall be adjusted to comply with local statutory requirements.
13 Terms Revision & Update
13.1 Windbar reserves the right to revise, amend or supplement these Terms at any time to adapt to U.S. federal/state regulatory updates, website function iteration and business adjustment needs.
13.2 Revised terms will be published on the Website with an updated "Last Updated" date at the top, and shall take effect immediately upon publication.
13.3 For material changes affecting user rights and obligations, the Website will display a reminder pop-up on the user's next login. Your continued use of the Website after the update constitutes acceptance of the revised Terms.
13.4 Users are responsible for regularly reviewing these Terms to obtain the latest regulatory and clause information.
14 Governing Law & Dispute Resolution
14.1 These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.
14.2 All disputes arising from Website access, account use, inquiry communication and clause interpretation shall be resolved through friendly negotiation first.
14.3 If negotiation fails, all disputes shall be subject to the exclusive jurisdiction of the state or federal courts located in California, USA.
15 Contact Information
Company: WINDBAR
U.S. Business Address: Contact Windbar for our registered business address.
Legal & Compliance Email: [email protected]
Recommended Email Subject: US Website Terms of Service Inquiry
Website Footer Compliance Snippet: Windbar only provides product display and business inquiry services without online sales functions. Our products are verified by third-party testing as zero-nicotine and free of tobacco-derived ingredients. Website access is nonetheless restricted to users aged 21+ within the United States, complying with the federal PACT Act and applicable state vapor product regulations.
