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RK's Consumer Privacy Notice applies to all consumer information, including personal information, that RK collects and uses.
RK may collect information about its consumers from a variety of sources, including, information that we collect directly from you (such as name, address, email address, date of birth, gender, transaction information, and, in some instances, credit card information). Consumer information may be collected during, but not limited to, the following activities:
Visit RK sites, use a RK mobile application, or view RK online advertisements;
or
Participate in an RK-sponsored marketing survey, promotion, or event.
In addition, RK may collect information about its consumers from commercially available sources.
RK uses the information collected for business purposes such as providing its consumers with services requested and services offered.
We do not sell personal information to marketing companies outside of RK. We may, however, share information when required to comply with our legal obligations under law or to government authorities.
This website is not targeted to or intended to be used or accessed by children under the age of 13, and RK does not knowingly obtain information from children without first obtaining parental consent in accordance with applicable laws like the Children’s Online Privacy Protection Act. RK does not knowingly use Personal Information from children for any purpose except to deliver products that are designed to offer family services. If you believe we have collected information from your child in error or have questions or concerns about our practices relating to children, please notify RK, Attn: Marketing Dept., 5164 Maxwell Detroit, MI 48213. In addition, RK does not knowingly collect information from minors under the age of 21.
The use of cookies is standard on the Internet and many major websites use them. Although most web browsers automatically accept cookies, you can usually change your browser to prevent or notify you whenever you are sent a cookie. This gives you the chance to decide whether or not to accept it. When you visit our website, we will also collect information automatically regarding your use of the website. This may include the IP address for the computer you are using, a device ID, and pages you visit on our website. There may be instances when we combine that information along with the information you provide or from other third parties to better personalize your website and restaurant experiences.
There may be times when RK contracts with third parties to provide certain services such as email advertising, web hosting, online reservation services, payment processing, and fraud prevention and detection services. These companies are prohibited from using this information for their marketing purposes. RK reserves the right to share information we have collected under this Privacy Notice when necessary to protect the company or as required by law.
RK reserves the right to change or modify its Privacy Notice in its discretion at any time without notice to the users of our site and RK will update the Privacy Notice on our website as soon as practicable.
Arbitration
Please read this section carefully. It affects rights that you may otherwise have. It provides for the resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your relationship with us. Any dispute or claim arising out of or relating to these terms and your relationship with RK or any subsidiary, parent or affiliate company or companies (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court. For all disputes, you must first send a written description of your claim to Rockel’s Kitchen LLC, Attn: Legal Dept., Rockel’s Kitchen LLC 5164 Maxwell Detroit, MI 48213 to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Costs of Arbitration. Upon filing the arbitration demand, we will pay all filing, administration, and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, we will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its attorneys, experts, witnesses, and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating the arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorney’s fees in arbitration even if an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
These terms shall be governed by and construed in accordance with the laws of the State of Michigan notwithstanding any conflict of law rules.
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