Terms of service

Effective date: October 6, 2026 Last updated: October 6, 2026

Welcome to PORT MOSS

This website and store are operated by Port Moss LLC. These Terms and Conditions ("Terms") govern your use of our website (the "Site"), products, services, and applications (collectively, the "Services"). Throughout the site, "we," "us," and "our" refer to Port Moss LLC. Our Privacy Policy, our returns policy in Section 4, and any other policies posted on the site are part of these Terms.

Please read: These Terms contain a mandatory arbitration clause and a class action waiver. They affect your legal rights by requiring most disputes between you and Port Moss to be resolved by final and binding arbitration on an individual basis, and by requiring you to give up jury trials and class or collective actions. Unless you opt out following the procedure in Section 2, you will be bound by this arbitration agreement.

You must be 18 years old, or the age of majority in your jurisdiction, to make a purchase on the Site. If you are under 18, you may browse the Site but may not provide personal information, register, or make a purchase. The Site is not directed to children. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, you may not use the Site.

1. Privacy - Please review our Privacy Policy (available on the Site) for details about how we collect, use, and protect your personal information.

2. Disputes - Binding Arbitration and Class Action Waiver

Arbitration

Any dispute relating in any way to your use of the Site or the Services, these Terms and Conditions (including their breach, termination, enforcement, interpretation, or validity), or the relationship between you and Port Moss (other than claims relating to the intellectual property rights of Port Moss or its affiliates, partners, or licensors, and claims in equity) (collectively, "Disputes") will be submitted to confidential, binding arbitration. This means an arbitrator, not a judge or jury, will decide the claim. Your rights to pre-hearing exchange of information and to appeal may also be limited.

The arbitrator, not any court or agency, has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator's award is binding and may be entered as a judgment in any court of competent jurisdiction.

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened violation of intellectual property rights.

Class action waiver

You agree that any arbitration or proceeding will be limited to the dispute between you and us individually. No arbitration or proceeding may be joined with another, and there is no right to bring or resolve any Dispute on a class, collective, or representative basis. You may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If a court or arbitrator finds this waiver unenforceable, the arbitration agreement will be void in its entirety.

Opt-out

You may reject this arbitration agreement by sending a written opt-out notice within 30 days after you first agree to these Terms and Conditions, by email to support@portmoss.com or by mail to 7520 Southwest Heather Court, Portland, OR 97223, United States. If mailed, the notice must be postmarked within 30 days. The notice must include your name, address, and signature. Opting out does not affect any other terms.

Rules and procedures

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org or (800) 778-7879), except as modified by these Terms. The Federal Arbitration Act governs interpretation and enforcement of this agreement. If it does not apply, the laws of Oregon apply, without regard to conflict-of-law rules. For claims under $10,000, you may choose to have the arbitration conducted by phone, on written submissions, or in person in the county where you live or another agreed location. We will reimburse filing, administration, and arbitrator fees for claims totaling less than $10,000, unless the arbitrator finds the claim frivolous.

Changes to this section

If we change this Section 2 after you first accepted these Terms, you may reject the change by sending written notice within 30 days of the "Last updated" date above, to the email or mailing address listed in this section. The notice must include your full name, address, and signature. If you reject a change, you agree to arbitrate under the version of this section you first accepted.

3. Products and Services for Personal Use

The Services, including any samples we provide, are for personal use only. You may not sell or resell any products or samples you purchase or receive from us. We track purchases made through the Site. We reserve the right, with or without notice, to cancel or reduce the quantity of any order that we believe, in our sole discretion, may violate these Terms and Conditions.

4. Orders, Shipping, and Returns

Where we ship - We currently ship to addresses in the United States only. Estimated processing and delivery times are shown at checkout.

Returns

You may return a product within 30 days of delivery if it arrives damaged, defective, or incorrect, or if you are not satisfied with it. To start a return, contact us at support@portmoss.com with your order number and the reason for the return, and we will send you return instructions. Please do not send items back without contacting us first.

Return shipping

You are responsible for the cost of shipping returned items back to us.

Refunds

Once we receive and inspect your return, we will refund the purchase price to your original payment method. Original shipping charges and any taxes are handled as required by applicable law. We reserve the right to decline a return that is outside the 30-day window or that does not meet the requirements above.

5. Accuracy of Information

We try to describe our products as accurately as possible, including shade names, colors, and sizes. However, we do not warrant that product descriptions, sizes, images, or other content on the Site are accurate, complete, reliable, current, or error-free. Colors may appear differently depending on your screen, and actual shades may vary by skin tone.

The Site may contain typographical errors or inaccuracies, including about pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions (including after an order is submitted), to update information at any time without notice, and to cancel or refuse any order placed based on incorrect pricing or availability information.

6. Product Use and Allergies

Our cosmetics are intended for external cosmetic use as directed on the packaging. Please review the full ingredient list on each product page or package before purchase. Discontinue use if irritation occurs, and consult a healthcare professional if it persists. Information on the Site is for general purposes and is not medical advice, and our products are not intended to diagnose, treat, cure, or prevent any disease.

7. Intellectual Property

All content on the Site and its look and feel, including trademarks, logos, service marks, text, graphics, button icons, images, audio, data compilations, and software, and the compilation and organization of them (the "Content"), is owned by Port Moss or its affiliates, partners, or licensors and is protected by United States and international copyright and trademark laws.

Except as allowed by the limited license in Section 8 or by applicable law, you may not use, reproduce, copy, sell, resell, access, modify, or otherwise exploit the Content or any part of the Site for any purpose without our express prior written consent.

8. Limited License

We grant you a limited, revocable, non-transferable, non-exclusive license solely to access and make personal use of the Services. This license does not include the right to:

- (a) frame or use framing techniques to enclose the Site or any portion of it;

- (b) republish, redistribute, transmit, sell, license, or download the Site or Content (except caching or as necessary to view the Site);

- (c) use the Site or Content for any purpose other than personal use;

- (d) modify, reverse engineer, or create derivative works from the Site or Content;

- (e) collect account information for the benefit of yourself or another party;

- (f) use meta tags or hidden text that incorporates the Content; or

- (g) use bots, spiders, crawlers, or similar data-gathering tools, or take any action that imposes an unreasonable burden on our infrastructure.

You must keep all proprietary notices on the Site intact.

You may create a hyperlink to the Site's home page for personal, non-commercial use only, provided the linking site: does not replicate our Content; does not imply our endorsement; does not misrepresent its relationship with us; does not contain unlawful, offensive, or inappropriate content; does not portray us or our products in a false, misleading, or derogatory way; and links only to the home page. We may ask you to remove any link at any time, and you must do so immediately.

Any unauthorized use of the Site or Content automatically terminates these licenses, without prejudice to any other remedy.

9. Your Obligations and Responsibilities

When using the Site you must comply with these Terms and Conditions and any special instructions posted on the Site, act in accordance with the law and in good faith, and refrain from altering the Site or impairing its integrity or operation. If you breach these obligations, you are liable for losses and damages caused to Port Moss and its affiliates, partners, and licensors.

10. Your Account

You may browse and make purchases without registering, but some features may require an account. You may create an account only if you are 18 or older. You are responsible for keeping your login credentials confidential, for restricting access to your devices, and for keeping your account information current, complete, and accurate. Please notify us immediately of any unauthorized use. You are responsible for all activity under your account. If you use the Site on someone else's behalf, you represent that you have authority to bind them to these Terms. You may cancel your account at any time.

We reserve the right to refuse service or terminate accounts, including subscriptions or memberships, without notice if these Terms are violated or if we decide, in our sole discretion, that it is in Port Moss's best interests.

11. Third-Party Links

We are not responsible for the content of any off-site pages or websites linked to or from the Site. Links are provided for convenience and are not an endorsement. Your use of third-party sites is at your own risk, and you should review their terms and privacy policies.

12. Special Features, Promotions, and Events

The Site may offer special features, contests, sweepstakes, or promotions that may be offered by us or third parties and may be subject to additional or separate terms. If you participate, you agree to those terms.

13. Submissions and User Content

We do not accept unsolicited ideas or suggestions. Any inquiries, feedback, product reviews, suggestions, ideas, or other information you send us (collectively, "Submissions") are treated as non-proprietary and non-confidential. Subject to our Privacy Policy, by sending or posting a Submission you grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable license to copy, use, reproduce, modify, adapt, translate, publish, distribute, and otherwise use the Submission in any form or media, without payment or other compensation. Your Submission will not be returned.

You represent that you own or control the rights to your Submission and that it does not contain viruses, spam, or commercial solicitations. You may not use a false email address or impersonate anyone. You agree to indemnify us for claims arising from your Submissions.

You are solely responsible for any text, photos, reviews, ratings, comments, or other materials you make available on the Site ("User Content"), which counts as a Submission. You agree not to post User Content that: is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of privacy, hateful, or otherwise objectionable; you have no right to share; you know to be false or misleading; you were paid or otherwise compensated to post; or infringes anyone's intellectual property rights. You also agree not to send spam or malware, impersonate others, harass others, forge identifiers, violate any law, or collect other users' personal data.

Reviews

Reviews must be based on your first-hand experience with the product and must not be submitted in exchange for payment or other benefits. We may remove any review at our discretion without notice. We do not endorse or control User Content, do not guarantee its accuracy, and are not liable for it. We may refuse to post, edit, or remove any User Content, and may terminate accounts of users who violate these Terms.

Deleting your User Content

To request deletion of a public review or other User Content, email support@portmoss.com with your first and last name, username (if any), the email address associated with your account, the reason for deletion, and the date of the posting. Please allow up to 10 business days to process your request.

14. Copyright Infringement Notices

We respect the intellectual property of others. If you believe your copyrighted work has been copied in a way that constitutes infringement, send a notice (subject line "DMCA Takedown Request") to our designated agent at the address below, including: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) a description of the infringing material and its location on the Site; (4) your address, phone number, and email; (5) a statement of good-faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that your notice is accurate and that you are the copyright owner or authorized to act for them.

Port Moss LLC

Attn: Legal Department

7520 Southwest Heather Court, Portland, OR 97223, United States

Email: support@portmoss.com

15. Disclaimer of Warranties; Limitation of Liability

WE DO NOT PROMISE OR GUARANTEE THAT YOU WILL OBTAIN ANY PARTICULAR RESULT THROUGH USE OF THE SITE OR ANY PRODUCT OR SERVICE OFFERED ON IT. THE SITE, ITS CONTENT, AND THE SERVICES ARE PROVIDED "AS IS," AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PORT MOSS NOR ITS AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) FOR ANY: (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR INTERRUPTIONS; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, OR DESTRUCTION; (d) LOSS RESULTING FROM THIRD-PARTY LINKS; (e) VIRUSES OR SYSTEM FAILURES; (f) INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

NEITHER WE NOR OUR AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), AND OUR MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED $100.

ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. THESE LIMITATIONS DO NOT LIMIT YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

16. Indemnification

You agree to defend, indemnify, and hold us harmless from any loss, damages, or costs, including reasonable attorneys' fees, resulting from any third-party claim arising from (i) your use of the Site or Content in violation of any law or these Terms, or (ii) your User Content. You also agree to indemnify us for losses resulting from your use of bots, scrapers, or other actions that impose an unreasonable burden on our infrastructure.

17. Governing Law and Forum

These Terms and your use of the Services are governed by the laws of the State of Oregon, without regard to conflict-of-law principles. For any Dispute not subject to arbitration under Section 2, you agree that jurisdiction and venue lie in the state or federal courts located in Washington County, Oregon.

18. Electronic Notices

You consent to receive agreements, notices, disclosures, and other communications from us electronically, including by email or by posting on the Site, and agree that these satisfy any legal requirement that they be in writing. To withdraw consent, email support@portmoss.com and stop using the Site; your license under Section 8 will then terminate. This consent is separate from any marketing communication preferences, which are described in our Privacy Policy.

19. Promotions and Discounts

New subscribers to our email list receive 15% off their first order. This offer is available only to customers in the United States, is limited to one use per customer or household, applies to a first order only, cannot be applied to previous purchases or combined with any other promotion, and has no cash value. We may change, suspend, or end any promotion at any time, and we may cancel orders that abuse a promotion.

20. General Terms

These Terms and Conditions are the complete agreement between you and us regarding your use of the Site and supersede all prior proposals, agreements, and communications.

We may change these Terms at any time by posting the changes on the Site and providing notice. Changes take effect immediately upon posting, and your continued use of the Site means you accept them. We may terminate any rights granted by these Terms at any time, with or without notice, and you must comply immediately with any termination.

Nothing in these Terms creates an agency, partnership, or joint venture. Our failure to enforce any provision is not a waiver of it. If any provision is found unenforceable, the rest will remain in effect and the provision will be modified to the minimum extent necessary to reflect its original intent. Headings are for convenience only.

Contact

Questions about these Terms and Conditions? Email us at support@portmoss.com.