The following information forms the basis for participation in the Sun Outdoors Loyalty Program ("Program") offered by Sun Communities Operating Limited Partnership ("Sun"). These Terms and Conditions ("Terms and Conditions") are intended to protect the members of the Program ("Member", "you", or "your") and Sun. For the purposes of these Terms and Conditions, the term "Sun" means Sun and any Sun affiliate owning or operating a property that participates in the Program, as described herein. All properties owned or operated by Sun or any affiliate thereof, whether such property participates in the Program or not, may collectively be referred to herein as the "Sun Portfolio".
Your participation in the Program is governed by these Terms and Conditions as well as the Terms and Conditions of Sun's parent site located at https://www.suncommunities.com/terms-and-conditions. It is your responsibility to read and understand all of them. If you require clarification or further information, you may contact Sun at loyalty@suncommunities.com. Please note, however, that the Program Terms and Conditions cannot be superseded or changed except in writing from Sun.
General
- Program membership and its benefits, which is defined for these Terms and Conditions to include all points, renewal benefits, events, special programs, rewards, tier advancements, partnership offers, and any other type of benefit accrued, made available, or provided as a result of participation in the Program (a "Benefit" or collectively, "Benefits"), are offered at the sole discretion of Sun.
- There is no fee to join the Program. You may enroll in the Program by completing the required information on the Program website, through participating properties within the Sun Portfolio, or through other channels authorized by Sun. By enrolling in the Program and using your account, you will be eligible for Benefits as described herein, subject to these Terms and Conditions and your full compliance with them.
- By participating in the Program, you agree:
- to be the only individual using your membership in the Program (i.e. not sharing your account with anyone unless expressly permitted by Sun);
- that you have provided valid contact information;
- that your name as shown on your Program account matches your legal identification;
- that you only have one email address per account;
- only the primary member on a seasonal/annual site will receive property rewards and renewal benefits;
- that any modification to a reservation using redeemed points must be submitted a minimum of 3 days prior to check-in;
- that you have read and understand these Terms and Conditions,
- that you are at least 18 years of age or the age of majority in your state, county, province, municipality, country, or territory of residence, or any similar political subdivision in which you may reside, whichever is older; and,
- that you have not enrolled as a company or other entity, as only individuals are permitted to enroll in the Program.
- Members must supply valid contact information and update such contact information as necessary. If communication with a Member is desired, appropriate, or necessary, Sun will rely on the Member's contact information on file for such communications. Sun has the right to terminate a Member's account and/or cancel or revoke any Program Benefits if it determines, in its sole discretion, that an account has multiple email addresses and/or is suspected of being related to fraudulent or abusive activity. Sun reserves the right to terminate accounts and/or cancel or revoke Benefits for Members who have failed to supply, or are otherwise without, accurate and valid contact information.
- The Program has no predetermined termination date and may continue until such time as Sun elects to terminate it, which Sun may do at any time, for any reason, with or without notice. At or near the time Sun announces the termination of the Program, Sun will also announce the time period within which Members will have to redeem or use any accumulated Benefits following the announcement of Program termination, which time period shall be determined in Sun's sole discretion. This means that, regardless of the amount you participate in the Program, your right to redeem or use Benefits can be terminated by Sun at the expiration of the time-period identified by Sun at the time it announces the termination of the Program. Upon announcement of Program termination, progress made towards a milestone Benefit or other type of Benefit where such Benefit has not yet fully accrued shall not be considered an accumulated Benefit, except that Sun may, at its election and in its sole discretion, treat such progress as a Benefit and award the Member a replacement Benefit, at Sun's choosing and without regard to any value or perceived value of any progress made towards any milestone Benefit or other type of Benefit.
- Sun has the right to add to, modify, update, delete or otherwise change any of the rules, procedures, conditions, or Benefits pertaining to the Program, with or without advance notice, even though such changes may affect the value, use, redemption, or availability of any accumulated Benefits or Benefits towards which progress has been made. This means that Sun may make changes that affect, without limitation, the rules, and procedures for accumulating, redeeming, or using Program Benefits, the continuing availability of any Benefits, or the Sun properties that participate in the Program. By choosing to remain a Program Member after Sun has given notice of such modifications, updates, or other types of changes, and after you have had an opportunity to review the revised Terms and Conditions or Program information, you agree to be bound by such revised Terms and Conditions and to be a part of the Program as it has been revised.
- Member Benefits are offered in good faith but may not be available if prohibited by law or regulation in your state, county, province, municipality, country, or territory of residence, or any similar political subdivision in which you may reside.
- You cannot maintain membership in or accumulate, redeem, or use Benefits on more than one account. You may only use one active account to accumulate, redeem, or use Benefits.
- Sun reserves the right to suspend or discontinue Program membership, without further notice of any kind, for any Member who appears to be using the Program in a manner inconsistent with these Terms and Conditions, the intent of the Program, or any portion of the Program. Sun also reserves the right to discontinue Program membership, without further notice of any kind, for any Member who has, or who Sun believes or has reasonable grounds to suspect, in its sole discretion, has,
- acted in a manner inconsistent with applicable federal, state, or local laws, regulations, or ordinances;
- breached, violated, failed to comply with, or acted contrary to one or more of these Terms and Conditions;
- engaged in any fraudulent or dishonest behavior, theft, misconduct, or wrongdoing in connection with the Member's Program account, including without limitation, misconduct involving any redemption or use of any Member Benefit.
- engaged in any abusive, fraudulent, disruptive, inappropriate, offensive or hostile conduct, whether it be physical, verbal or written in nature, towards any property within the Sun Portfolio, or towards any Sun agent, employee, or representative, or guest;
- failed to pay any bills or accounts due to Sun or any property within the Sun Portfolio;
- violated any rules or regulations of any property within the Sun Portfolio;
- violated any lease, rental agreement, or other type of use or occupancy agreement with Sun, or any agreement otherwise relating to any property within the Sun Portfolio; or,
- received from Sun a demand to vacate or leave any property within the Sun Portfolio, or has been removed from any property within the Sun Portfolio.
- Discontinued membership may result in the loss or cancellation of all accumulated Benefits and any progress made towards any Benefits. In addition to discontinuance of Program membership, Sun shall have the right to take appropriate administrative and/or legal action, including, without limitation, criminal prosecution, as it deems necessary in its sole discretion.
- The transfer, sale, assignment, or barter of any Benefits other than by Sun or as otherwise provided for herein is prohibited. Any Benefits which Sun deems in its sole discretion to have been transferred, sold, assigned, or bartered in violation of these Terms and Conditions may be confiscated, canceled, or otherwise terminated.
- All interpretations of Program Terms and Conditions shall be at the sole discretion of Sun.
- Participation in the Program is at the discretion of each individual property within the Sun Portfolio, and a property may elect not to participate or to only partially participate, meaning, without limitation, that a Member may not accumulate or redeem Program Benefits with respect to a property that elects not to participate or may be limited in the ability to accumulate, use, or redeem Benefits with respect to any property that elects not to fully participate, and Benefit accumulation, use, and redemption may otherwise vary from property to property. If you need clarification as to a property's participation in the program and the ability to accumulate, use, and redeem Benefits, you may contact the property directly or loyalty@suncommunities.com. If Sun or any property with the Sun Portfolio improperly denies a Member the accumulation, use, or redemption of a Benefit, the liability of Sun is limited to the equivalent value of the Benefit, as determined by Sun in its sole discretion.
- A member who does not have eligible activity, as defined below, in any 18 consecutive month period may be removed from the Program and is subject to forfeiture of all accumulated Benefits. For the purposes of these Terms and Conditions, "eligible activity" for point-earning Members is defined as completing on earning stay at a participating property within the Sun Portfolio.
- Each Member is responsible for remaining knowledgeable as to the Program Terms and Conditions and as to the Benefits in the Member's account or towards which the Member has made progress. Sun may attempt, but is not required, to send correspondence to active Members to advise them of matters of interest, including notification of Benefit forfeiture or Program changes. Sun, however, shall not be liable for any failure to do so or for any communications not received by Member for any reason, including, but not limited to, because of incorrect, invalid, or inaccurate Member contact information, problems related to any equipment or programming associated with or used by Member, any human error, any interruption, deletion, omission, defect, or line failure of any telephone network, internet connection, or electronic transmission, inability to access any website or on-line service, any other technical or nontechnical error or malfunction, or any lost, late, stolen, illegible, incomplete, garbled, misdirected, or mutilated mail or e-mail, whatever the cause.
- Member is responsible for creating private account access information and for maintaining the security of that information. If the security of that information is breached by Member or as a result of Member's acts or omissions, Sun shall not be liable for any access to that account not authorized by Member, for any accumulation, use, or redemption of Benefits, or for other account activity that occurs as a result of such unauthorized access, and in no event shall Sun be responsible for reimbursing Member for any Benefits used or redeemed or other damages or losses claimed as a result of any such unauthorized access. If Member becomes aware of any unauthorized access or other fraudulent activity relating to Member's account, including unauthorized use or redemption of any Benefit, Member must report the activity to Sun in writing, within 90 days of its occurrence and provide all requested information and cooperation to Sun to be eligible for reinstatement of any lost Benefits, which reinstatement may be awarded in Sun's sole discretion.
- Member is responsible for advising Sun of any changes in Member's contact information.
- Accumulated Benefits and progress made toward Benefits do not constitute property of the Member. Except as specifically provided herein, accumulated Benefits and any progress made towards a Benefit are not transferable for any reason or by operation of law. Benefits have no retail value, are not redeemable for cash or any other form of credit, except in Sun's sole discretion, and have no value until they are presented for use or redemption.
- In case of the death of a Member, accumulated Benefits in the Member's account may be transferred to another active Member upon Sun's receipt and approval of requested documentation and information sufficient to establish the fact of Member's death. To be eligible, transfer must be requested, and all required documents and information provided within one year from the date of Member's death. Notwithstanding the foregoing, any transfer decision always remains within the sole discretion of Sun. Any decision made by Sun in response to a request for transfer is final and not subject to further review or dispute.
- These Terms and Conditions are governed by and are to be construed under the laws of the State of Michigan, U.S.A., without giving effect to any choice of law or conflict of law rules or provisions that may cause or result in application of the laws of another state or jurisdiction.
- Any dispute arising out of or related to the Program (including any claim that the Program Terms and Conditions are wholly or partially invalid, illegal, or otherwise voidable or void), seeking as relief money damages, Benefits, attorney's fees, declaratory relief, or any other form of relief, shall will be submitted for binding arbitration to the American Arbitration Association ("AAA"). Sun, however, shall have the right in an appropriate case to obtain temporary restraining orders, temporary or preliminary injunctive relief, and/or declaratory relief from a court of competent jurisdiction. The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Oakland County, Michigan and shall be conducted in accordance with the then existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. § 1, et seq., the "FAA") will be governed by the FAA and not by any state law pertaining to arbitration. Other than as stated herein, you and Sun waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding. You and Sun waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in these Terms and Conditions, as a court would. In reaching a decision, the arbitrator is required to follow and apply the Program Terms and Conditions and shall be bound to apply applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class action. The arbitrator shall include in his or her award any relief he or she deems proper, including, but not limited to, money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), injunctive relief, declaratory relief, and/or attorney's fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties to the proceeding, and judgment upon the award may be entered in any court of competent jurisdiction. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions, or orders of the arbitrator) shall remain confidential and shall not be disclosed to anyone other than the parties to proceeding.
- Any claims arising out of or relating to the Program may not be resolved through any form of class action, and you agree that, as a condition of participating in the Program, you will not seek to form a class in any lawsuit or arbitration proceeding (either alone or in conjunction with any other person), join or seek to join any class, or otherwise participate in any class action as a party or member of a class.
- If permitted by the law in in your state, county, province, municipality, country, or territory of residence, or any similar political subdivision in which you may reside, any and all claims and actions arising out of or relating to the Program must be brought within one (1) year of the date on which the facts giving rise to such claim or action occurred, or such claim or action will be barred.
- Program membership, application for membership, and Benefits are void if prohibited by law in your state, county, province, municipality, country, or territory of residence, or any similar political subdivision in which you may reside. Further, some employers, by policy, may prohibit or restrict employee participation in the Program. You are solely responsible for complying with your employer's policies and any such applicable laws. Sun assumes no responsibility or liability for a Member's failure to comply with such policies and laws.
- Taxing authorities may determine that Benefits received through participation in the Program are subject to tax liability. Any tax liability connected with the accumulation, use, or redemption of Benefits is the sole responsibility of Member.
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