TERMS AND CONDITONS OF USE
Diesel Power Source
Welcome to www.dieselpowersource.com (the “Website“). The Website is owned and operated by Diesel Power Source Private Membership Association (“Association”).
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE OR PURCHASING PRODUCTS AND/OR SERVICES ON OR FROM THIS WEBSITE.
AS A PRIVATE MEMBERSHIP ASSOCIATION, WE ONLY SELL TO OUR MEMBERS!
Private Member Association Membership Agreement
Purchaser of any Association’s products (“Member”) acknowledges an accepts that once the Product purchased and/or received from Diesel Power Source, LLC, (“DPS”), accompanying this Agreement, is removed from its box and/or installed and/or used, that you are subject to and are agreeing to become a Member of the Diesel Power Source Private Member Association (Association”), a private association. Member acknowledges that DPS is also a Member of the Association. Member also acknowledges that a separate membership fee was paid at the time of the purchase of this Product, and such payment was accepted as consideration for Member’s membership fee for membership in the Diesel Power Source Private Member Association.
Member HEREBY declares, acknowledges and accepts that members of the Association, are exercising our right of “freedom of association” as guaranteed and protected by the US Constitution and its amendments.
1. This means our association activities are restricted to the private domain and our private communication(s) and our private papers, and private effects and private property and is protected under the 1st, 4th, 5th, 9th, 10th, and 14th Amendments of the U.S. Constitution.
2. This means this Association is outside the jurisdiction and authority of any and all Federal, State, Local Agencies, Authorities, Judicial Branches and Law Enforcement Authorities.
3. Member agrees and understands that activities within the Association are a private matter and refuses to share with EPA, CalEPA, CARB, IRS, FTC, or any government agency or judicial branch or government representative or government officer whatsoever.
4. As a member the Member has the freedom of choice, option and privacy.
5. The Member recognizes that the Product purchased and/or received from DPS in conjunction with this Agreement was an item issued in the Association for use of its Members.
6. Membership grants Members the right to order, purchase, own and use items purchased, traded, issued or exchanged from the Association and/or its Members that they may need to exercise their freedom of choice.
7. Member acknowledges and accepts that this Association is a private membership association under common law.
8. The Member acknowledges and accepts the Association is protected by the 1st and 14th Amendments to the U.S. constitution, it is outside the jurisdiction and authority of any and all Federal, State, and Local Agencies, Authorities, Judicial Branches and Law Enforcement Authorities concerning any and all complaints or grievances against the Association, any Trustee(s), other member(s) or other staff persons. All rights of complaints or grievances shall all be settled by the Association’s Association Committee and will be waived by the member for the benefit of the Association and its members. Because the private and security of membership records maintained within the Association which have been held to be inviolate by the U.S. Supreme Court, the Member waives its rights and complaint process outside the Association whatsoever.
9. This Association is originally domiciled and governed under the Constitutional Laws of Utah where this Agreement will be interpreted and construed. Per the State of Utah Constitution Article I, Section 18 and Article I, and Section 10 of the Constitution for the United States, this Association claims the right of Contract to establish its own governing capacities and methods, pursuant to the 5th and 14th Amendments of the Constitution for the United States of America.
10. The Association’s mission is to improve member’s experiences, methods and modes of travel.
11. The Association’s purpose is to provide members interested in travel and the advancement of technology, a private environment in which they may exercise their inalienable rights to lawfully gather, exchange items and ideas, and to deal in trade with each other without the interference of government regulations and outside the jurisdiction of any Federal, State, Local Agencies, Authorities, Judicial Branches and Law Enforcement Authorities.
12. The Member acknowledges that DPS only engages in trade, exchange and barter with other members of the Association.
13. Any records kept by the Association will be strictly protected and only released upon written request of the member, and not to be shared in the public domain without express written consent of both the Association and the member. The Association committee reserves the right to post, publish and share any picture(s), video(s), statement(s) and/or other information for the purpose of promoting the Association that it deems appropriate and doing so does not in any way violate the privacy of the Association or its members.
14. Member agrees not to file civil or criminal lawsuits against a fellow member of the Association, DPS or the Association unless another member, DPS or the Association exposes Member to a clear and present danger of substantive evil. Any disputes or grievances shall be brought to the attention of the Board of Trustees who will at the request of the Member hold a private tribunal from which they will render a binding decision.
15. Member agrees that violation of any waiver or section of this membership agreement will result in a no contest legal proceeding against the Member.
16. The Association will recognize any person (irrespective of race, color, or religion).
17. Member agrees that the terms set forth in the Association’s Articles of Association and resolutions recorded in the minutes serve as the governing instruments of this Association. Members can request a copy of the confidential Articles of Association at any time from the Association.
18. The Association shall have the right to remove any member from membership in the Association that shall discredit or bring harm to the Association in any manner, and thus voiding all warranty at that time as well.
19. Member acknowledges and accepts that you are agreeing to be subject to a Non-disclosure and Non-Compete and Non-Disparagement Agreement.
20. In exchange for the limited warranty provided by DPS, Member agrees not to copy or disclose anything about product design to compete with or cause to complete with DPS for gain. Member also agrees not to publicly disparage the Association, DPS or its products.
21. DPS desires to provide a good experience with its products for its Members, thus Member agrees to contact DPS directly regarding all issues with DPS products.
22. Severability. Should any portion of this Agreement be determined to be invalid or unenforceable, the remainder of this Agreement shall not be affected by such determination and shall remain in full force and effect. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability, or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
23. Attorney’s Fees; Expenses. Member agrees to pay upon demand all of Association’s cost and expenses, including reasonable attorney’s fees and Association’s legal expenses, incurred in connection with the enforcement of this Agreement. Association may pay someone else to help enforce this Agreement and Member shall pay the cost and expenses of such enforcement. Costs and expenses include Association’s reasonable attorney’s fees and legal expenses whether or not there is a lawsuit, including reasonable attorney’s fees and legal expenses for appeals, and any anticipated post-judgment collection services.
24. The Member acknowledges and agrees that the trustees, members, representatives and agents of the Association are exempt from direct personal liability.
25. The Member affirms that it does not represent any State or Federal agency whose purpose is to regulate the practice of law, banking, taxes, commerce or any other government interest.
26. The Member warrants and represents that it has carefully read this Agreement and that the terms and conditions of this Agreement are fully understood and voluntarily accepted by Member by its own will without any pressure. OTHERWISE, MEMBER MAY RETURN THIS PRODUCT FOR A FULL REFUND MINUS SHIPPING COSTS, WITHIN 14 DAYS OF RECEIVING IT, AND PRIOR TO REMOVING IT FROM ITS BOX and/or INSTALLATION and/or USAGE.