Terms of Service
Last Updated: February 24, 2022
Terms of service
This website (the “Site”) is operated by PAA Operations, LLC d/b/a Measure & Made (referred to herein as “Measure & Made”, “we”, “us” and “our”). Your use of the Site is subject to the following terms and conditions.
All information, materials, functions and other content (including Submissions as defined in Section 14 below) provided on this Site (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by US and international copyright laws. The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by US and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.
The Shapelogic sizing system used on our website is licensed by us and is protected by patent (No. 7,092,782) in the U.S. and elsewhere.
Measure & Made trademarks include Nos. 5,094,907, 6,342,757, 6,195,770, and 6,569,866 are trademarks owned by Measure & Made. Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits.
Changes in Products and Pricing:
We are constantly updating and revising our offerings of products, and we may discontinue products at any time without notice. All pricing for the products is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.
We offer the following brands through the Site: Measure & Made® and Little Black Pant.
Fit, Exchange and Return Policies:
- Finding Your Perfect Fit the First Time as it Relates to Returns: Upon placing your Product order for a women’s pants, jeans, capris, shorts or any other Product, but specifically excluding a top (collectively, the “ShapeLogic Products” and each, a “ShapeLogic Product”), you will be asked to respond to questions to help determine your perfect size and shape. Your honesty and forthrightness is of the utmost importance when answering these questions. After you have completed the questionnaire you will receive your ShapeLogic size and shape. For your first order only, if the ShapeLogic Product you receive does not fit perfectly right out of the box, you can send it back and we will try and correct your fit one time. We will work with you to make sure we are sending you the best solution. Understand that without complete honesty when answering the fit questions, it is difficult to easily identify your personal fit. If after the second ShapeLogic Product is shipped it still does not fit, you can return it within thirty (30) days of delivery and get a refund of the original purchase amount less any shipping and handling. Please note $7 will be deducted from your final refund amount to cover processing. If you are based in the United States, we will give a maximum of sixty (60) days for you to find a ShapeLogic Product that fits you. If you are based outside the United States, we will give a maximum of seventy-five (75) days for you to find a Product that fits you.
- Exchanges: All bottoms purchased through this website come with a 30-day money-back guarantee for fit and product satisfaction, so an exchange on your first order is free! If you need to exchange for a different Shapelogic Size please call Customer Service to speak with a Shape Specialist at 800-250-4255 within 30-days of delivery and we will send you the new size in the same item(s) at no charge. Please keep your original item(s) until you receive your replacement item(s). Once you receive the replacement item(s), please confirm that the fit is correct by simply replying to the email that confirmed your exchange order was processed. Once we receive confirmation that the exchange product fits our CS team will email you next steps on returning the original item(s).
- Returns: If you would prefer to return the product for a refund instead of an exchange, please call Customer Service at 800-250-4255 within 30-days of delivery for an RMA# and free return shipping label. Your refund will be issued to the original form of payment within 7 business days after we receive confirmation that your return package has been scanned by the shipper. Please note $7.00 for processing will be deducted from your refund amount. You will then receive an email confirming the refund has been processed. Based on the policies of your financial institution, refunds may take up to a full billing cycle to reflect the credit in your account. Permissible items for return must be unused, unworn, unwashed and undamaged, and must be returned with the original packaging.
- Invoice Required. If you do not have your original invoice, we reserve the right to refuse to honor your product replacement, exchange, or refund request.
- Product Credit. We reserve the right to issue product credit to you in lieu of your replacement, exchange, or refund request at our discretion if the conditions set forth in this Product Return Policy are not met by you. If you return an item that was purchased using product credit, upon approval, the credit will be reissued. The original product credit expiration date will be extended by 15 days.
- Questions. If you have any questions about product returns, discrepancies, back-ordered items, or anything else concerning the above Satisfaction Promise/Product Return Policies, please contact the Customer Service Department at 800-250-4255.
- These product exchange and return policies DO NOT apply to products purchased or obtained from sellers other than an official Measure & Made website.
Shipping Policies:We currently ship to the United States, Puerto Rico and Canada. Item(s) are generally shipped within 48 hours of order confirmation and an email with tracking information is sent when the order ships. The average delivery time for standard shipping is five (5) to ten (10) business days within the contiguous United States. Expedited options are available at checkout for and additional fee paid by the customer.
Standard shipping for all orders over $149 (pre-tax) is FREE in the 48 contiguous states. For orders under $149 a $10 flat rate is applied. For orders shipping to Hawaii, Alaska and Puerto Rico a $3.00 surcharge is automatically added at checkout.
Orders shipping to Canada are eligible for standard shipping only and will be assessed a $10 surcharge at checkout. Customer is responsible for all duties and taxes collected by the Canadian Borders Services Agency. If you are returning goods shipped by us to Canada, please note that we will not refund any duties and taxes paid to Canadian federal or provincial government. To inquire about such a refund, please directly contact the Canada Border Services Agency.
Please note the posted shipping time frame, if provided, may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization or following other extenuating circumstances that are beyond our control such as acts of force majeure including, without limitation, the following: acts of God; acts or omissions of any government; any rules, regulations or orders issued by any governmental authority or by any officer, department, agency or instrumentality thereof; fire; flood; storm; earthquake; accident; war; rebellion; insurrection; riot; and invasion. You hereby agree that you accept these shipping terms upon your placing of an order with us
Use of Site and Content:
In the event that we offer downloads of software from this Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
Links to third party websites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use such links, you will leave this Site. We have not reviewed all such third-party sites (if any) and do not control and are not responsible for any of these websites and their content. We do not endorse or make any representations about such websites or any information or materials found there, or any results that may be obtained from using them. If you access any third-party websites linked from this Site, you do so at your own risk.
No hyperlinks to this Site are permitted without our prior written consent. If you would like to link to this Site from your website, please submit your request to firstname.lastname@example.org. Unless you receive our express written consent, your request to link to this Site shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of Measure & Made, a website that links to this Site:
- Shall not imply, either directly or indirectly, that Measure & Made is endorsing its products;
- Shall not use any of our Trademarks or the Trademarks of our licensors;
- Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;
- Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;
- Shall not present false or misleading information about us or the Measure & Made opportunity;
- Shall not misrepresent any relationship with us;
- Shall not replicate in any manner any content in the Site; and
Shall not create a browser or border environment around Site material.
Claim of Copyright Infringement:
We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a list of such works;
- The exact URL or description reasonably sufficient to permit us to locate where the alleged infringing material is located on the Site;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by the law; and
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached at email@example.com.
We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our products and services, and our opportunity. If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
Some services on this Site permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site.
Public Forums and Communication:
“Public Forum” means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy regarding any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum.
You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
Rules of Conduct:
The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site any Submission that:
- (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or
- (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet.
Removal of Submissions:
The Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws. We ship our products to customers outside of the United States where legally permitted. Other than shipping products to customers outside of the United States, we do not intend to provide our direct selling opportunity or other services outside the United States.
Measure & Made is committed to the safety of our children. Persons under the age of 18 may not enroll as Measure & Made Brand Ambassadors or register as customers. Children under the age of 13 may not purchase products through any of our Websites. Measure & Made does not solicit or knowingly collect personally identifiable information from children under the age of 13.
Disclaimer of Warranties:
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.
Limitation of Liabilities:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, BRAND AMBASSADORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, BRAND AMBASSADORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
Governing Law, Jurisdiction and Venue:
We make no representations that the Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
All software used on the Site or other Offerings is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Burma, Democratic Republic of the Congo, Ivory Coast, Iraq, Libya, North Korea, Iran, Syria, Sudan, Venezuela or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
California Privacy Rights:
Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties, if any, to which Measure & Made has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2022 will receive information about 2021 sharing activities). We comply with this law by offering our visitors the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please write us at firstname.lastname@example.org or Measure & Made, 111 North Belcher Rd, Suite 202, Clearwater, FL 33765.
You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message.
Please note that any request under this Paragraph will be limited to our use and disclosure of your personal information. You will need to make the same request of your Measure & Made Independent Brand Ambassador if you would like to obtain information about any disclosure that he or she has made of your personal information.
You may contact us regarding these Terms of Service or the Site by email (email@example.com) or mail (Measure & Made, 111 North Belcher Rd, Suite 202, Clearwater, FL 33765).