Terms of Use

O.C. Tanner Company and its affiliated or related entities ("O.C. Tanner", "we", "us", or "our") provides employee recognition and engagement services through the websites www.octanner.com, www.thanks.com, www.accumulate.com.au, and any other website or mobile applications where these "Terms of Use" are posted. Such websites and mobile applications are collectively referred to herein as the "Services". Your use of the Services is subject to these Terms of Use. By using the Services, you agree to be bound by these Terms of Use.

Any additional terms provided by your employer and/or linked to the Services are between you and your employer, and do not govern your use of the Services.

O.C. Tanner reserves the right to update or modify these Terms of Use at any time without notice to you. All changes are effective upon posting, and apply to all access and use of the Services thereafter. Your continued use of the Services following any such changes constitutes your agreement to be bound by these Terms of Use. If you do not agree to (or cannot comply with) these Terms of Use, do not use the Services.

A website is a "Company-Dedicated Site" if O.C. Tanner and a specific third-party company have agreed that a particular website shall be dedicated to the use of that specific company. If you have accessed the Services from a non-O.C. Tanner company’s intranet, and if the URL contains the name of a company other than or in addition to O.C. Tanner, you are likely accessing the Services from a Company-Dedicated Site. Unless otherwise agreed to between O.C. Tanner and the company to whom such website is dedicated, these Terms of Use apply to your use and access of the Company-Dedicated Site.

By accepting these Terms of Use, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use Services only through the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Children under the age of 13 may not use the Services.

All billing information provided must be truthful and accurate; providing inaccurate or untruthful billing information is a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

Subject to your compliance with these Terms of Use, you may access and use the Services. O.C. Tanner remains the sole owner of all right, title, and interest in the Services. Your use of the Services does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Services. You acknowledge and agree that your use of the Services is optional and not required by O.C. Tanner or your employer.

You agree not to violate or attempt to violate the security of the Services, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of a virus, denial of service attack, overloading, flooding, spamming, mail bombing, or crashing the Services; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any Transmission Control Protocol or Internet Protocol packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. O.C. Tanner will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search agents available through the Services and other than generally available third party web browsers.

You further agree not to use the Services in violation of applicable law, or submit or otherwise share through the Services any content or material that is unlawful, obscene, abusive, hateful, threatening, vulgar, profane, or discriminatory, as determined by O.C. Tanner in its absolute and sole discretion.

You agree to not disclose, transmit, or otherwise make available to us, any Sensitive Personal Information (as defined below), including but not limited to any payment card information (unless prompted to in order to complete a business transaction), personal identification numbers (PINs), Social Security Numbers (or other government issued identification numbers), passwords or other electronic identification numbers, information a person uses for payment or to access personal or financial information or resources as defined under the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act or any personal health information as defined by the Health Insurance Portability and Accountability Act of 1996 and the privacy and security regulations promulgated thereunder (collectively, "Sensitive Personal Information"). If we receive or otherwise become aware that Sensitive Personal Information is being transmitted through the Services, we may extract, delete, remove and otherwise remediate such information from our systems. We have the right, but not the obligation, to monitor use of the Services for Sensitive Personal Information. O.C. Tanner has no legal obligation with respect to any information transmitted in violation of the foregoing and shall be indemnified as set forth below from all claims and losses in connection therewith.

Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, and other materials that are part of the Services (the "Content") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by O.C. Tanner, one of their affiliates or by third parties who have licensed their materials to O.C. Tanner and are protected by U.S. and international copyright laws. O.C. Tanner and its suppliers and licensors expressly reserve all intellectual property rights in the text, programs, products, processes, technology, content and other materials that appear on or through the Services. Your use of the Services does not confer and shall not be considered as conferring upon you any license under any of O.C. Tanner's or any third party's intellectual property rights.

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to O.C. Tanner on or through the Services or otherwise disclosed, submitted or offered in connection with your use of the Services ("User Content") will be considered proprietary to O.C. Tanner if it has been anonymized and cannot be used to identify or re-identify you. O.C. Tanner will not otherwise be limited in any way in its use of User Content. Without limiting the generality of the foregoing, O.C. Tanner has the right to use, reproduce, disclose, adapt, modify, create derivative works from, publish, display and distribute User Content for its business purposes. You will not be entitled to any compensation for any use of User Content by O.C. Tanner.

You agree to not submit User Content through the Services that is libelous or otherwise unlawful, threatening, hateful, discriminatory, profane, abusive, or obscene, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You also agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. O.C. Tanner has the right to remove any User Content for any reason in its sole discretion.

O.C. Tanner may, in its sole discretion, take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services, or breach of these Terms of Use. O.C. Tanner may also terminate or suspend your access to all or part of the Services for any reason, in its sole discretion, including without limitation, any violation of these Terms of Use.

If the Services contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms of use for such websites.

THE SERVICES ARE PROVIDED BY O.C. TANNER ON AN "AS IS" AND "AS AVAILABLE" BASIS. O.C. TANNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATIONS OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR THROUGH THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, O.C. TANNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, O.C. TANNER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OR THROUGH THE SERVICES. YOU ACKNOWLEDGE BY YOUR USE OF THE SERVICES THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE ACCESSING THE SERVICES FROM A COMPANY-DEDICATED SITE, THIS DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART, DEPENDING ON THE AGREEMENT BETWEEN O.C. TANNER AND THE COMPANY TO WHOM THE SITE IS DEDICATED.

O.C. TANNER WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, OR COMPUTER VIRUS. O.C. TANNER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE, THE SERVICES. EVEN IF O.C. TANNER IS NEGLIGENT OR IF O.C. TANNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL O.C. TANNER BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. THESE LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

O.C. Tanner’s Privacy Notice describes how we collect, use, share, or otherwise process personal information about you. You can review our Privacy Notice here. The Privacy Notice is incorporated into these Terms of Use by reference. If you do not agree with our Privacy Notice, you must not use the Services.

If you are a business client of O.C. Tanner, you agree to defend, indemnify and hold harmless O.C. Tanner, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services.

Any dispute or legal action arising from these Terms of Use or your use of the Services will be governed by the laws of the State of Utah. Such disputes or actions will be resolved in the federal or state courts located in Salt Lake County, Utah.

If these Terms of Use appear in a language other than English, the English version (available here) will be used to interpret and construe these Terms of Use.