Terms & Policy

Terms & Conditions

By visiting or placing an order on www.sandman360.com or any of our websites, you agree to these Terms and Conditions (“Agreement” or “T&C”), which is a legally binding agreement between you and NAKED RAINS OR TRIUMPH FORMULAS (d/b/a “Naked Rains” and “Triumph Custom Formulas”) (herein “Naked Rains” and “Triumph Custom Formulas”) governing your use of these websites, your purchase of any of our products, and any of the other goods and services we offer. BY ACCESSING OUR SITES OR PURCHASING ANY PRODUCTS SOLD ON THEM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE ANY PRODUCTS OR USE THE WEBSITES. THIS AGREEMENT ALSO INCLUDES A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. Please see the Arbitration and Waiver of Class Action sections below for more information. We reserve the right to change or modify these Terms & Conditions at any time and your continued use of this site will be conditioned upon the Terms & Conditions in force at the time of your use.

Health Disclaimer

Any statements on this site or any materials or supplements distributed or sold by luciddreams360.com, Sandman360.com and midnight360.com, have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have any medical condition, we suggest consulting with a physician before using any of our products. The results described for each product are not typical and not everyone will experience these results.

Return Policy for Standard Deliveries

To be considered for reimbursement, products purchased through standard delivery ("all non-auto-ship purchased products") must be unopened and in the original packaging. To return a product you must do the following: Call us at 1-401-441-7912 within 90 days of purchase (product issues not declared within 90 days of purchase are not entitled to a refund). You will be given a Return Merchandise Authorization (RMA) number. To receive your refund, you must postmark your return within 90 days of purchase. Be sure to clearly write the return merchandise authorization (RMA) number on the outside of the box/bag. Our shipping department does NOT accept any packages without an RMA number. You must pay for return shipping.

Address the return package to:

Triumph

1350 Charles Street

North Providence, RI 02904

Email:

service@triumph-brand.com

If you do return a product, we recommend that you get proof of shipment, as this can expedite the return and refund process. Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card, for a full refund of the purchase price including shipping and processing. Please allow one or two billing cycles for the return to be posted to your account, depending on your financial institution.

Abuse of Returns (Standard Deliveries)

We reserve the right to deny returns for abuse of our return policy. Any customer found to return more than one shipment of the same product for a refund in any six (6) month period may be deemed an abuse and we reserve the right to deny/cancel any future shipments or returns to and from any individual or shipping address.

Using the Website

Except as expressly provided below, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use any third-party intellectual property without the express written permission of the applicable third party, except as permitted by law. Naked Rains and Triumph Custom Formulas will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this T&C or otherwise, except as expressly set forth in this T&C. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may only use the Website or make purchases on the Website if you are the age of majority in your state. You must comply with all of the terms and conditions of this Agreement, the policies referred to below, and all applicable laws, regulations and rules when you use the Website. In your use of the Website and the services available on the Website ("Services"), you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website or any web sites linked to the Website; (iii) interfere with or damage the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services; (viii) use any meta tags or any other "hidden text" utilizing the LucidDream, sandman and midnight name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Website or Services; or (xi) assist any third party in engaging in any activity prohibited by this T&C.

Content

By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any. We do not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Website and take any other action to restrict access to or the availability of any material that we or another user of the Website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this Agreement).

Accuracy of Information

We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.

Sales Tax

If you purchase any Products on the Website, you will be responsible for paying any applicable sales tax indicated on the Website or as required by your state.

Fraud

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud, or any other fraud on the company. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the applicable credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

Intellectual Property Rights

All materials on the Website, including without limitation, the software, logos, design, text, graphics, images, photographs, illustrations, audio and video material, user interfaces, sounds, artwork, computer code (including html code), products, information, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors or other companies. You may not use such materials without permission. LucidDreams360, Sandman360 and Midnight360 are trade names we own. The related design marks, and other trademarks on the Website are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission. You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website.

Third-Party Websites

LucidDreams360, Sandman360 and Midnight360 may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website's operators. You agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

Comments

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Website ("Comments") will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments. You will, at our cost, execute any documents to effect, record, or perfect such assignment. We will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

Indemnification

Except where prohibited by law, including in the state of Rhode Island, you agree to defend, indemnify and hold the Website, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, and employees harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys' fees, costs and expenses ("Claims"), made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the Service, (b) your use of the Website or Service, (c) your connection to the Website or Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.

DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

EXCEPT WHERE PROHIBITED BY LAW, INCLUDING IN THE STATE OF Rhode Island, WE PROVIDE THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN ITS THEN-CURRENT CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.

WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NAKED RAINS OR TRIUMPH FORMULAS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, SERVICES, OR PRODUCTS WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF NAKED RAINS OR TRIUMPH FORMULAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS T&C (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

Applicable Law

This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of Rhode Island, without regard to principles of conflict of laws thereof.

Arbitration

All disputes arising out of or relating to any purchase you make with via this Website, any information you provide via the Website, this T&C (including its formation, performance or alleged breach), and your use of the Website will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, NAKED RAINS OR TRIUMPH FORMULAS will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified NAKED RAINS OR TRIUMPH FORMULAS in writing and provided a copy of the arbitration proceedings. However, if NAKED RAINS OR TRIUMPH FORMULAS is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to NAKED RAINS OR TRIUMPH FORMULAS. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in the city of Charlotte, North Carolina, but may proceed telephonically if the claimant so chooses.

The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this T&C may be joined to an arbitration involving any other party subject to this T&C, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in the state of Rhode Island to enforce this T&C or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

WAIVER OF CLASS ACTION RIGHTS

ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THE WEBSITE, THIS T&C (INCLUDING ITS FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS T&C, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM SUBMITTED TO ARBITRATION. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

Additional Terms and Conditions

In addition to these Terms & Conditions, your purchase of Merchandise through the Website is subject to the Website Privacy Policy, which is incorporated herein by reference.

Products for Personal Use

The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us. By purchasing any product through us, you agree not offer the products, or samples thereof, for resale.

We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

Termination

We will have the right to terminate your access to the Website if we reasonably believe you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and we may, in our discretion, cancel any outstanding orders for the Product. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This Agreement shall survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.

Miscellaneous

You acknowledge and understand that if the Website is unable to provide the Products as a result of an event outside of its control, the Website will not be in breach of any of its obligations towards you under these Terms. This Agreement contains the entire understanding between you and us regarding the use of the Website, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto. This Agreement will be binding upon each party hereto and its successors and permitted assigns. This T&C and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this T&C will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this T&C. The invalidity or unenforceability of any provision of this T&C will not affect the validity or enforceability of any other provision of this T&C, all of which will remain in full force and effect.

This written policy (the "Privacy Policy") is designed to tell you about our privacy practices for the websites, including mobile websites, where it is posted. This includes all of the Naked Rains / Triumph Custom Formulas company websites (including any pre-sale pages), which are all owned and operated by Naked Rains / Triumph Custom Formulas and its affiliates (“Naked Rains” / “Triumph Custom Formulas”, "we", "us" or "our"). When you use any of our websites, we may collect, use and disclose information that you may provide to us through such website or certain related services. This Privacy Policy explains how we handle the information we may hold about you. Please be sure to read this entire Privacy Policy before using, or submitting information, to the website on which this Privacy Policy is posted.

POLICY

Our policy for all our websites is to respect and protect the privacy of our users. To fulfill this policy, we exercise the precautions set forth in this Privacy Policy to maintain the confidentiality of information provided by you in connection with accessing and using our websites.

We collect your Personal Information as in order to:

• Respond to requests and queries you submit to us;

• Allow you submit orders for our products through our brand websites;

• Create and maintain a unique portal account for you, where available on our website;

• Process payment transactions and send you the products you purchase through our brand websites;

• Communicate with you about your purchase orders, or communicate our email newsletter to you, if you make a purchase on our online store or opt-in to receive these communications;

• Understand your preferences and tailor offers and services to you based on these preferences; and

• Conduct analyses and evaluations to understand consumer trends and usage related to our products in order to improve our websites, services and marketing communications.

By consenting to our collection, use and disclosure of your Personal Information through your use of our website and services, you will allow us to fulfill the purposes for which we collect your Personal Information, as described above and in this Policy.

YOUR CONSENT

This Privacy Policy sets forth our current policies and practices with respect to Personal Information of the users of any of our websites. "Personal Information" is any information about an identifiable individual, which includes information such as full name, e-mail address, mailing address, phone number and sales delivery, billing and credit card information. By using our websites, you agree with the terms of this Privacy Policy. Whenever you submit information to us through our websites, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy. You can withdraw your consent at any time. However, if you choose to do so, we may not be able to offer you the functionality and services of our websites (for example, if you do not provide your payment information, we cannot process an order for you through our website).

OUR COMMITMENT TO CHILDREN'S PRIVACY

Protecting the privacy of the very young is especially important. Our websites are not intended for people under the age of majority in their province or territory of residence ("Minors") without the consent from a parent or guardian. We never collect or maintain information on our websites from persons we know to be Minors, and no part of any of our website is designed to attract Minors. We encourage parents to talk to their children about their use of the Internet and the information they disclose to websites.

ACTIVE INFORMATION COLLECTION

Like many websites, our websites actively collect information from visitors both by asking you specific questions and by permitting you to communicate directly with us via e-mail and/or feedback forms. Some of the information that you submit may be Personal Information.

Some areas of our websites may require you to submit information in order for you to benefit from the specified features we offer (such as newsletter subscriptions, tips/pointers, order processing) or to voluntarily participate in a particular activity (such as sweepstakes, contests, or other promotions). You will be informed at each information collection point what information is required and what information is optional.

DISCLOSURE OF INFORMATION

We may disclose your Personal Information to contractors, service providers or third-party marketers that help us provide services, deliver products or advertisements to you ("Service Providers"). For example, we will disclose your billing information to payment processors to process the transaction, we will disclose your shipping address to fulfillment and shipping contractors to deliver a product to you, and we may disclose your email address to email fulfillment contractors to send you emails from us. These Service Providers are not authorized by us to use or disclose the information we share with them except as necessary to perform the services on our behalf or to comply with legal requirements. Some Service Providers may be located outside of the United States or Canada. if you want to learn more about how our Service Providers use your information.

We may share some or all of your Personal Information with our parent company, any subsidiaries, joint ventures, or other companies under a common control, in which case we will require these affiliates to honor this Privacy Policy.

If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

We may disclose your Personal Information in certain other situations such as: (a) where we are authorized by law to do so (including to comply with relevant laws or to respond to subpoenas judicial proceeding, court orders or warrants served on us); (b) when you have consented to the disclosure; and (c) to protect and defend our rights or property or the rights or property of third parties (including to establish or collect amounts owed to us).

From time to time, we make the email addresses of those who opt-in to receive promotional communications to other reputable organizations whose products or services we think you might find interesting. If you do not want us to share your email address with other companies or organizations, please let us know by contacting us through the contact details provided at the end of this Policy.

If you supply us with your telephone number, you may receive telephone contact (live, automated, pre-recorded or text message) from us, our subsidiaries, affiliates, or agents with information regarding products and services or upcoming events. By agreeing to this Privacy Policy, you agree that your telephone company may impose charges on you for these contacts. If you do not wish to receive such telephone calls, please let us know by emailing us.

We engage with third party marketing platforms (such as Google, Yahoo and Facebook) to drive website traffic, raise brand awareness and for product promotion. If you would like to know (1) the categories of Personal Information that we disclosed in the prior calendar year to third parties about you for the purposes of the third party marketing and/or (2) the names and addresses of such third parties, please contact us.

We may also share non-Personal Information such as statistical summary data or aggregate analytics data with partners and other third parties (such as Google) at our discretion.

If we do combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.

OPT-OUT PROCEDURES

If you have opted-in to receive our promotional emails, made a purchase through one of our websites, or submitted an inquiry to any of our websites, you may always opt-out of receiving promotional email communications from us. To stop receiving such communications from us, please click the unsubscribe link available in each promotional email.

SECURITY OF INFORMATION

All information collected by us is maintained in a reasonable manner and pursuant to applicable law. The importance of security for all Personal Information associated with those who access or use our websites and the services they offer is of utmost concern to us. We employ commercially reasonable physical, technological, and administrative safeguards to protect your Personal Information. Your Personal Information resides on a secure server that only selected Naked Rains / Triumph Custom Formulasemployees and contractors have access to via password. In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking, processing agents and distribution institutions that employ appropriate security safeguards. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.

Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through our websites cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Moreover, where you use passwords, ID numbers, or other special access features on our website(s), it is your responsibility to safeguard them and utilize strong, complex passwords. If you have a user account on any of our websites, you agree to maintain the confidentiality of your account details and notify us immediately of any unauthorized use of your account or any other security breach relating to your account. We are not liable for any loss or damage arising out of your failure to comply with this section.

PASSIVE INFORMATION COLLECTION

As you navigate through a website, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies, Internet tags, and navigational data collection.

Our websites may use Internet Protocol (IP) addresses. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet. We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our websites, optimize marketing initiatives, and administer and improve services to our consumers.

A "cookie" is a bit of information that a website sends to your web browser that helps the site remember information about you and your preferences.

"Session cookies" are temporary bits of information that are erased once you exit your web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on websites and to collect aggregate statistical information. Our websites use session cookies.

"Persistent cookies" are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., username), helping to determine what areas of the website visitors find most valuable, and customizing the website based on your preferences. Our websites use persistent cookies.

"Internet tags" (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the website server information such as the IP address and browser type related to the visitor's computer. Our websites use Internet tags.

"Navigational data" ("log files," "server logs," and "clickstream" data) and "Internet Tags" are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors. Our websites use navigational data.

You may choose to decline cookies if your browser permits, but doing so may affect your use of our websites and your ability to access certain features or engage in transactions through our websites.

Our websites may also engage in interest-based/online behavioral advertising, which includes ads served to you after you leave our websites, encouraging you to return. These ads are served to you through websites, apps, or emails, based on your shopping habits or other online activities (such as those tracked using the passive tracking technologies described above). We might serve these ads, or third parties may serve these ads about our products or other companies’ products. As a consumer you have the ability to opt-out of having your online behavior recorded and used to serve ads. For more information on how to opt-out, please visit: aboutads.info.

Some of our websites may also utilize web analytics tools to monitor customers’ access of our websites. Examples of these services include Google Analytics and HotJar. For more information related to how Google Analytics and HotJar use data when you use or visit our site, and how to disable that tracking, please visit their privacy policies at:

• www.google.com/policies/privacy/partners

Collection and Disclosure or Use of Non-Personal Information

We may also collect data in a form that cannot identify a specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of how we may collect and use non-personal information:

• We may collect information related to your, language, zip code, area code, unique device identifier, referring URL, location, and the time zone from where our Websites are accessed so that we can better understand customer behavior and improve our products, services, and advertising.

• We may collect information regarding customer activities on our website. This information is aggregated and analyzed to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest to them. Aggregate data is considered non‑personal information under this Privacy Policy.

LINKS

Like many other websites, our websites may contain links to websites of third parties not affiliated with us. These links are provided for your convenience only. This Privacy Policy will not apply to these third-party websites and Naked Rains / Triumph Custom Formulasis not responsible for the privacy practices or the content on any of these other websites, even where these third-party sites indicate a special relationship or "partnership" with us. We do not disclose personal information to any third party linked sites. The linked sites, however, may collect Personal Information from you when you visit their site. To ensure protection of your privacy, always review the privacy policies of the sites you visit when you click on links on our websites.

ACCESSING, UPDATING AND CORRECTING YOUR INFORMATION

You have a right to review any of the information that we hold about you and learn about how we have used it or to whom we have disclosed it by contacting us. Subject to any exceptions prescribed by law, you can access and correct your Personal Information and challenge the accuracy and completeness of the information we have about you. If you have created a user account on a customer portal, you can also view, update or correct your information through your account settings.

However, we may deny access when required or authorized by law. For example, we may deny access when granting access would have an unreasonable impact on other people’s privacy or when necessary to protect our confidential commercial information and the requested information cannot be severed from the balance of the record in which it is contained. If we deny your request for access to, or refuse a request to correct information, we shall explain why.

We keep your information as long as reasonably required to complete our dealings with you (e.g. to complete a transaction with you), or as required by law, whichever is longer. Subject to applicable law, you can also request that we remove your information from our records, correct errors in your data, or ask for a copy of the data we have about you by emailing us. Subject to our requirements for continued retention of your information (i.e., billing, audit, or warranty purposes) or to fulfill our legal obligations, we will make reasonable efforts to honor your request.

Portions of our websites allow you to provide your own content for use or display. These include reviews of our products and other “User Generated Content.” By providing this content, you agree and acknowledge that you will not submit or link to any User Generated Content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. All User Generated Content you submit, or upload may be reviewed by our staff members. All User Generated Content you submit, or upload may be sent to third-party verification services (including, but not limited to, spam prevention services). Do not submit any User Generated Content that you consider to be private or confidential. We reserve the right to remove or modify any User Generated Content submitted for any reason without explanation. Requests for Content to be removed or modified will be undertaken only at our discretion. By submitting User Generated Content, you agree to grant us a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your User Generated Content in connection with our products and services.

If you are a copyright owner, and believe that User Generated Content on our websites may be in violation of your copyrights, and does not constitute fair use, please contact us:

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may change over time. We will post the updated Privacy Policy to our websites or, if we make any substantive changes and you have an account on one or more of our websites, we will notify you by e-mail to the e-mail address associated with your account. If you do not accept the changed version (for example, if you do not approve of a different way that we intend to use Personal Information) you may let us know by letter or e-mail. If you do not respond with any objections, we will assume that you consent to changes in the Privacy Policy. Changes will not apply retroactively to Personal Information that was collected before the changes to the Privacy Policy, except as may be required by law.

HOW TO CONTACT US

If you have any questions, comments, or concerns about this Privacy Policy or the information practices of this site, please contact us via email at dreams@nakedrains.com or write to us at:

Naked Rains

1350 Charles Street

North Providence, RI 02904

USA

Email:

dreams@nakedrains.com

Return Policy for Standard Deliveries

Address the return package to:

Naked Rains

1350 Charles Street

North Providence, RI 02904

Abuse of Returns (Standard)

Intellectual Property Rights.

(a) Copyright. All materials on the Web Site, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors. You may not use such materials without permission.

(b) Trademarks. LucidDreams360, Midnight360 and Sandman360; is a trade name we own. The related design marks, and other trademarks on the Web Site are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.