Terms of Service

DIESEL POWER SOURCE

PRIVATE MEMBERSHIP ASSOCIATION

TERMS OF SERVICE AND CONDITIONS OF USE

AS A PRIVATE MEMBERSHIP ASSOCIATION, WE ONLY SELL TO OUR MEMBERS

Welcome to www.dieselpowersource.com (the “Website”). The Website is owned and operated by Diesel Power Source Private Membership Association (“Association”). Please read these Terms of Service and Conditions of Use (“Terms”) carefully before using the Website or purchasing products or services.

By accessing or using this Website, you acknowledge and agree to become a Temporary Member of this Association and to abide by its Articles of Association, covenants, and common law agreements. If you do not consent to these Terms, you are prohibited from using this Website or purchasing products or services from the Association or any of its Members. Your use of this Website, as well as any purchase or use of the Association’s current or future products or services, is subject to these Terms and all applicable guidelines.

CONSTITUTIONAL FOUNDATIONS

This Association operates as a Private Membership Association in the private domain. The Association and its members are exercising their right to freedom of association as guaranteed and protected by the United States Constitution and its amendments. The Association’s private communications, papers, effects, and property are protected under the 1st, 4th, 5th, 9th, 10th, and 14th Amendments to the U.S. Constitution.

This Association is organized under the common law of contracts, protected by Article I, §10, and the Fourteenth Amendment of the U.S. Constitution. It is neither a partnership nor a corporation but a separate entity with its own common law identity. Per the Utah Constitution Art. I, §18, and the 5th and 14th Amendments, this Association claims the right of Contract to establish its own governing capacities and methods.

The United States Supreme Court has established that private associations are a “constitutional shelter” and a “shield” (Roberts v. United States Jaycees, 468 U.S. 609, 618–619 (1984)), must be “set apart…for free assembly” (Thomas v. Collins, 323 U.S. 516, 531 (1945)), and are a “sanctuary from unjustified interference by the State” (Pierce v. Society of Sisters, 268 U.S. 510, 534–535 (1925)). The freedom of association includes the right to define membership, set internal rules, and exclude those whose inclusion would impair the Association’s expression. Boy Scouts of America v. Dale, 530 U.S. 640 (2000). Activities protected within the private associational domain cannot be abridged by the State through regulatory mechanisms designed for the public domain. NAACP v. Button, 371 U.S. 415, 428–429 (1963).

BURDEN ON GOVERNMENT ACTORS

Any government entity—whether federal, state, or local, including regulatory agencies, administrative bodies, judicial branches, and law enforcement authorities—seeking to exercise jurisdiction over, regulate, investigate, or interfere with this Association or its members bears the constitutional burden of demonstrating:

• A compelling state interest (not merely a legitimate or rational one);
• That the intrusion is narrowly tailored to serve that compelling interest;
• That the government has employed the least restrictive means available;
• That the intrusion does not chill First Amendment associational rights; and
• Evidence of actual, substantive harm—not speculation, disagreement with the Association’s methods, or generalized regulatory interest.

See NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958); Gibson v. Florida Legislative Investigation Committee, 372 U.S. 539 (1963); Elrod v. Burns, 427 U.S. 347 (1976); Buckley v. Valeo, 424 U.S. 1 (1976); Brown v. Socialist Workers ’74 Campaign Committee (Ohio), 459 U.S. 87 (1982); Americans for Prosperity Foundation v. Bonta, 594 U.S. 595 (2021); First Choice Women’s Res. Ctrs., Inc. v. Davenport, No. 24-781, 608 U.S. ___ (2026).

Encroachment upon First Amendment rights “cannot be justified upon a mere showing of a legitimate state interest.” Elrod, 427 U.S. at 362. “The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Id. at 373. Where there is a reasonable probability that compelled disclosure will subject members to threats, harassment, or reprisals, the government’s burden is at its highest. Brown, 459 U.S. at 93–98. An official demand for private member or donor information itself causes an immediate First Amendment injury, even before enforcement. Davenport, 608 U.S. ___ (2026) (unanimous).

NOTICE TO GOVERNMENT AGENTS

This Website is not intended for use by government agents; such agents are not authorized to use the Website or any of its contents for any purpose. Access is strictly limited to private members. These Terms serve as notice to any individual acting as a government agent, hireling, or employee: by accessing this Website, including viewing its contents or purchasing any products or services, you acknowledge that you are entering a private associational space protected by the First and Fourteenth Amendments. The members of this Association explicitly reject and do not consent to any offer to contract, nor do we acknowledge or accept any implied or misconstrued acceptance of such a contract. Any government entity or agent that violates the constitutional rights of this Association or its members may be subject to civil liability under 42 U.S.C. § 1983 and criminal liability under 18 U.S.C. § 242.

TEMPORARY MEMBERSHIP

By accessing this Website, you are granted Temporary Membership status in the Association. As a Temporary Member, you are bound by the same terms and conditions set forth in the Association’s Private Membership Agreement, including the mutual Non-Disclosure obligations. Temporary Membership status does not confer the right to purchase products or services. To purchase products or services, you must complete the membership process by agreeing to the full Membership Agreement at the time of purchase.

USE OF WEBSITE

You agree not to:

• Use the Website in a way that violates applicable laws or regulations.
• Attempt to interfere with the Website’s security or functionality.
• Use the Website for unauthorized or fraudulent purposes.
• Use the Website or any of its contents for any government regulatory, investigative, or enforcement purpose.
• Scrape, data-mine, or systematically collect information from the Website.

Intellectual Property

All content on this Website, including text, graphics, logos, images, software, product designs, and proprietary information, is the property of the Association, its Members, or its licensors and is protected by intellectual property laws. Unauthorized use, reproduction, distribution, or disclosure of this content is prohibited and may subject the violator to legal action.

Accuracy of Information

We make reasonable efforts to ensure the information on our Website is accurate, but we do not guarantee its completeness or reliability. Product descriptions, specifications, and pricing are subject to change without notice. Use the information at your own risk.

Links to Third-Party Websites

This Website may contain links to third-party websites. These links are provided for your convenience. The Association is not responsible for the content, accuracy, or privacy practices of any third-party sites.

PRIVATE MEMBERSHIP AGREEMENT

By purchasing any product from Diesel Power Source, LLC (“DPS”), the purchaser (“Member”) acknowledges and agrees to become a Member of the Diesel Power Source Private Membership Association (“Association”). DPS is also a Member of this Association. Member acknowledges that a separate Association membership fee was charged at the time of purchase in addition to the product price, and that such fee was accepted as consideration for membership in the Association.

Member hereby declares, acknowledges, and accepts that the Association and its members are exercising their right to freedom of association as guaranteed by the U.S. Constitution and its amendments, ensuring that:

1. Association activities are private and protected under the 1st, 4th, 5th, 9th, 10th, and 14th Amendments of the U.S. Constitution.
2. Any government entity seeking to exercise jurisdiction over, regulate, investigate, or interfere with this Association or its members must first satisfy the constitutional requirements established by the United States Supreme Court, including demonstration of a compelling state interest pursued through the least restrictive means available. NAACP v. Alabama, 357 U.S. 449 (1958); Americans for Prosperity Found. v. Bonta, 594 U.S. 595 (2021); Davenport, 608 U.S. ___ (2026).
3. Member agrees and understands that activities within the Association are a private matter and agrees to refuse to share information regarding the Association’s internal activities, membership, records, or operations with any government agency, regulatory body, or government representative, except as required by a lawfully issued order that has satisfied constitutional scrutiny.
4. Members have full freedom of choice, option, contract, and privacy.
5. Products purchased and/or received from DPS are items issued within the Association for use of its Members.
6. Members can freely trade, contract, exchange, and purchase within the Association. DPS engages in trade, exchange, and barter exclusively with other members of the Association.
7. This Association operates under common law, organized under the common law of contracts, and is protected by the First and Fourteenth Amendments to the U.S. Constitution.
8. The Association’s internal dispute resolution process is the preferred, primary, and contractually agreed-upon method for resolving all complaints, grievances, or disputes. Member agrees to exhaust this process before pursuing any external remedy. Member agrees not to file civil or criminal proceedings against a fellow member, DPS, or the Association unless exposed to a clear and present danger of substantive evil. Disputes shall be submitted to the Resolution Committee (Board of Trustees), which will convene a private tribunal in Salt Lake County, Utah, and render a binding decision.
9. This Agreement is governed by and will be interpreted under the State of Utah Constitution Article I, Section 18, and Article I, 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.
10. The Association’s mission is to improve members’ experiences, methods, and modes of travel and to advance travel-related technology.
11. The Association provides members a private domain in which they may lawfully gather, exchange items and ideas, contract privately, and deal in trade, free from unjustified government interference.
12. All records kept by the Association are constitutionally protected and will be released only upon the written request of the member to whom they pertain. Records shall not be shared in the public domain without the express written consent of both the Association and the member. An official demand for member information itself causes an immediate First Amendment injury. Davenport, 608 U.S. ___ (2026) (unanimous). The Association reserves the right to post, publish, and share promotional materials that do not reveal individual members’ personally identifiable information.
13. Violation of any provision of this Agreement may result in a no-contest legal proceeding against the Member in the court and venue chosen by the Association.
14. The Association recognizes any person irrespective of race, color, or religion.
15. The Articles of Association and resolutions recorded in the minutes serve as the governing instruments. Members may request a copy of the confidential Articles of Association at any time.
16. The Association may remove any member who discredits or brings harm to the Association, voiding all warranty coverage.

NON-DISCLOSURE / NON-COMPETE / NON-DISPARAGEMENT

In exchange for membership benefits and any warranty provided by DPS, Member agrees to be subject to the following obligations: (a) not to copy, reverse-engineer, or disclose anything about Product design, manufacturing processes, or trade secrets to compete with or cause to compete with DPS for gain; (b) not to disclose the Articles of Association, membership records, internal terms of this or any other Association agreement, or private deliberations to any third party or platform, except as required by valid legal process; (c) not to publicly disparage the Association, DPS, its Trustees, members, employees, or Products in any forum, platform, medium, or manner whatsoever; and (d) not to disclose the terms of any Association agreement to any third party or platform. Member agrees to contact DPS directly regarding all issues with Products. Any breach of these provisions, including any act of public disparagement under clause (c), shall immediately and automatically void the Member’s warranty and membership benefits. In addition, breach may subject the Member to legal action, including claims for financial damages, attorney fees, and any other costs incurred by DPS or the Association.

PRIVACY AND RECORDS

All Association records are constitutionally protected by interlocking provisions: First Amendment associational privacy (exacting scrutiny for compelled disclosure of membership, donor, or internal records); Fourth Amendment reasonableness (requiring lawful authority, relevance, specificity, and pre-compliance judicial review per City of L.A. v. Patel, 576 U.S. 409 (2015)); and the exclusionary protections of Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920). Compelled disclosure of associational ties is subject to exacting scrutiny and must be narrowly tailored. Americans for Prosperity Foundation v. Bonta, 594 U.S. 595 (2021). An official demand for member information itself causes an immediate First Amendment injury. First Choice Women’s Res. Ctrs., Inc. v. Davenport, No. 24-781, 608 U.S. ___ (2026) (unanimous).

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The Website is provided “as is” without warranties of any kind, express or implied. The Association, DPS, its Trustees, members, dealers, and representatives disclaim all liability except as expressly stated herein. Neither the Association nor DPS shall be liable for any special, incidental, indirect, or consequential damages arising from the use of this Website, including errors, interruptions, or the inability to access the site. Member agrees to indemnify, defend, and hold the Association and DPS harmless from all claims, damages, costs, and legal fees arising from Member’s use of the Website.

GENERAL PROVISIONS

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect. If feasible, any offending provision shall be modified to be within the limits of enforceability; otherwise, it shall be stricken.

Attorney’s Fees. Member agrees to pay upon demand all of the Association’s costs and expenses, including reasonable attorney’s fees, incurred in connection with the enforcement of these Terms, whether or not a lawsuit is filed, including fees for appeals and post-judgment collection.

Personal Liability. Member acknowledges and agrees that the Trustees, members, representatives, and agents of the Association are exempt from direct personal liability for actions taken in their official capacity.

Government Affirmation. Member affirms that Member 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.

Shipping and Returns. Members are responsible for all shipping charges related to warranty issues and/or returns, including any taxes, customs, and duties. DPS does not cover shipping charges related to warranty issues or returns.

Changes to Terms. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Website constitutes your acceptance of the revised Terms.

Governing Law. These Terms are governed by the laws of the State of Utah. The exclusive venue for any disputes arising from the use of this Website shall be the state or federal courts located in Salt Lake County, Utah, and Member consents to the personal jurisdiction of such courts.

Return Policy. Member warrants that Member has carefully read these Terms and that they are fully understood and voluntarily accepted. IF MEMBER DOES NOT ACCEPT THESE TERMS, MEMBER MAY RETURN ANY PRODUCT FOR A FULL REFUND MINUS SHIPPING COSTS, PAYMENT PROCESSING FEES, AND A 15% RESTOCKING FEE, WITHIN 14 DAYS OF RECEIPT AND PRIOR TO REMOVING IT FROM ITS BOX AND/OR INSTALLATION AND/OR USAGE.

CONSTITUTIONAL NOTICE

This Website and these Terms are entered into within a private membership association protected by the First and Fourteenth Amendments to the United States Constitution. Association is a “basic constitutional freedom.” Buckley v. Valeo, 424 U.S. 1, 25 (1976). Compelled disclosure of associational ties is subject to exacting scrutiny and must be narrowly tailored. Americans for Prosperity Foundation v. Bonta, 594 U.S. 595 (2021). An official demand for member or donor information itself causes an immediate First Amendment injury. First Choice Women’s Res. Ctrs., Inc. v. Davenport, No. 24-781, 608 U.S. ___ (2026) (unanimous). Any government entity or agent that violates the constitutional rights of this Association or its members may be subject to civil liability under 42 U.S.C. § 1983 and criminal liability under 18 U.S.C. § 242. The Association will pursue all available legal remedies against any person or entity that violates the constitutional rights of this Association or its members.

MOBILE TERMS OF SERVICE

Diesel Power Source®

Last updated: Feb. 4, 2026

The Diesel Power Source® mobile message service (the “Service”) is operated by Diesel Power Source® (“Diesel Power Source®”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Diesel Power Source®’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Diesel Power Source® through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Diesel Power Source®. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18663501985 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Diesel Power Source® mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18663501985 or email sales@dieselpowersource.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

SMS Terms & Conditions

1. SMS Consent Communication: The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
2. Types of SMS Communications: If you have consented to receive text messages from Diesel Power Source, you may receive messages related to appointment reminders, follow-up messages, and billing inquiries.
3. Message Frequency: Message frequency may vary depending on the type of communication. For example, you may receive up to 1 SMS message per week related to your request.
4. Potential Fees: Standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.
5. Opt-In Method: You may opt-in to receive SMS messages from Diesel Power Source by texting us first to 801-930-8404, or you can reply STOP to opt out at any time. SMS opt-in or phone numbers for the purpose of SMS are not being shared with any third party and affiliate company for marketing purposes.
6. Opt-Out Method: You can opt out of receiving SMS messages at any time by replying “STOP” to any SMS message you receive, or by contacting us directly at sales@dieselpowersource.com.
7. Help: If you are experiencing any issues, reply with the keyword HELP to 801-930-8404 or contact us at sales@dieselpowersource.com.

Standard Messaging Disclosures: Message and data rates may apply. You can opt out at any time by texting “STOP.” For assistance, text “HELP” to 801-930-8404 or visit our Privacy Policy (https://www.dieselpowersource.com/privacy-policy-and-pma/) and Terms and Conditions (https://www.dieselpowersource.com/conditions-of-use/) pages. Message frequency may vary.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at: sales@dieselpowersource.com