These Terms of Service (“Terms”) govern your access to and use of OmniReach by JBComm, this website (jbcomm.net),
and related products and services (collectively, the “Services”).
1) Parties
- Provider: PCGROUP, LLC (“PCGROUP”), operating the JBComm brand and the OmniReach platform (“JBComm”, “we”, “us”, “our”).
- Customer / User: You (“you”, “your”). If you use the Services on behalf of an entity, you represent you have authority to bind that entity.
2) No Legal Advice
- The Services may include compliance-oriented features, guidance, or templates. They are provided for convenience only and are not legal advice.
- You are solely responsible for ensuring your use complies with all applicable laws and carrier policies (including but not limited to TCPA, telemarketing rules, consent requirements, and do-not-call obligations).
3) Acceptable Use (Strict)
- You will not use the Services for unlawful, deceptive, abusive, or harmful activity.
- You will not send or place communications without legally required consent, disclosures, and opt-out mechanisms.
- You will not transmit malware, scrape, probe, reverse engineer, or attempt to bypass security controls.
- You will not use purchased/third-party lead lists unless you have verifiable consent and legal rights to contact those recipients.
- We may suspend or terminate access immediately for suspected violations, risk to carriers, or risk to JBComm/PCGROUP.
4) Customer Content & Data
- You retain rights to your content and data you upload (“Customer Data”). You grant JBComm/PCGROUP a limited license to process Customer Data to provide the Services.
- You represent you have all rights and permissions required to upload and use Customer Data and to contact any recipients.
- You are responsible for backups of Customer Data unless a paid backup/add-on explicitly states otherwise in writing.
5) Service Availability
- The Services are provided on an “as available” basis. Outages, maintenance, carrier changes, third-party failures, and network issues may occur.
- We may change, suspend, or discontinue portions of the Services at any time.
6) Fees, Billing, and Taxes
- Fees, plan limits, and any included usage are defined in your order form, invoice, or written agreement with JBComm/PCGROUP.
- You are responsible for applicable taxes, fees, carrier surcharges, and third-party pass-through costs unless prohibited by law.
- Non-payment may result in suspension or termination.
7) Disclaimers
- THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
- JBComm/PCGROUP DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- We do not guarantee deliverability, answer rates, outcomes, revenue, compliance results, or carrier approval.
8) Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, JBComm/PCGROUP WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, JBComm/PCGROUP’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID JBComm/PCGROUP FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
9) Indemnification
- You will indemnify and hold harmless JBComm/PCGROUP from claims, damages, penalties, fines, costs, and expenses (including attorneys’ fees) arising from:
(a) your use of the Services, (b) your communications content, (c) your violation of laws/carrier policies, or (d) your Customer Data rights/permissions.
10) Termination
- You may stop using the Services at any time.
- We may suspend or terminate for violations, risk, legal compliance concerns, non-payment, or carrier enforcement actions.
11) Governing Law
- These Terms are governed by the laws of the State of Arizona, without regard to conflict of laws principles, unless a separate written agreement states otherwise.
12) Contact
If you have a separate signed agreement with JBComm/PCGROUP (e.g., MSA/SOW), that agreement may supersede portions of these Terms.
