Website Terms of Use

1. Agreement to Terms

These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Preston Software, LLC (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://prestonsoftware.com/ website (the “Site”). By accessing the Site, you confirm that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree, you are expressly prohibited from using the Site and must discontinue use immediately.

2. Intellectual Property Rights

Unless otherwise indicated, the Site, including all source code, databases, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Preston Software, LLC or licensed to us, and are protected by copyright, trademark, and intellectual property laws of the United States and international treaties.

The Content and Marks are provided on the Site “AS IS” for your information and personal/internal business evaluation only. No part of the Site may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

3. User Representations & Form Submissions

By using the Site or submitting inquiries via our consultation forms, you represent and warrant that:

• All registration and inquiry information you submit is truthful, accurate, current, and complete.
• You will not submit confidential, proprietary, or Protected Health Information (PHI) through general website contact forms.
• You have the legal capacity to agree to these Terms.
• You will not access the Site through automated or non-human means (bots, scripts, or scraping) without prior permission.

4. Professional Client Engagements

These Terms govern website visitation only. Any commercial engagement with Preston Software, LLC for software engineering, IBM i modernization, data migration, ERP, or consulting services will be governed by a separate, signed agreement (such as a Master Services Agreement, Statement of Work, or Non-Disclosure Agreement). In the event of a conflict between these Terms and a signed client agreement, the signed client agreement shall control.

5. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include, but are not limited to:

• Systematically retrieving data or content from the Site to create or compile a database or directory without written permission.
• Attempting to bypass, disable, or interfere with security-related features of the Site.
• Engaging in unauthorized framing of or linking to the Site.
• Uploading or transmitting viruses, Trojan horses, or malicious code.

6. Disclaimer of Warranties & Limitation of Liability

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

IN NO EVENT WILL PRESTON SOFTWARE, LLC, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE.

7. Modification of Terms

Preston Software reserves the right to modify, update, or replace these Terms of Use at any time and at its sole discretion. Any changes will become effective upon posting to this website unless otherwise stated. Your continued use of the website after revised Terms are posted constitutes your acceptance of those changes. We encourage you to review these Terms periodically.

8. Governing Law & Dispute Resolution

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts having jurisdiction in the county of the Company's principal place of business.

9. Contact Information

If you have any questions or comments regarding these Terms of Use, please reach out to us: