TERMS AND CONDITONS OF USE

Diesel Power Source
PMA Agreement
 
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!
 
By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website and are restricted from purchasing and/or using and of the Association’s services and/or products. In addition, when you purchase and/or use any of our current or future services and/or products, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services and/or products. If these Terms and Conditions of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.
 
Private Member Association Membership Agreement
 

Purchaser of this product (“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 timeof 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, contract with, 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 the 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.

Non-Disclosure/Non-Compete/Non-Disparagement

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.        Member agrees to contact DPS directly regarding all issues with products.

General Provisions

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 agrees it is responsible for all shipping charges related to warranty issues and/or returns, including any taxes, customs and duties. DPS does NOT pay for any shipping charges related to warranty issues or returns, including any taxes, customs and duties.

27.        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 INSTALLATION and/or USAGE.

ONLINE PRIVACY POLICY AGREEMENT

Diesel Power Source, (DPS), is committed to keeping any and all personal information collected of those
individuals that visit our website and make use of our online facilities and
services accurate, confidential, secure and private. Our privacy policy has
been designed and created to ensure those affiliated with Diesel Power Source
of our commitment and realization of our obligation not only to meet but to
exceed most existing privacy standards.
THEREFORE, this Privacy Policy Agreement shall apply to Diesel Power Source, and
thus it shall govern any and all data collection and usage thereof. Through the
use of www.DieselPowerSource.com

Collection of Information
This website collects various types of information, such as:

Voluntarily provided information which may include your name, address, email address, billing
and/or credit card information etc., which may be used when you purchase products
and/or services and to deliver the services you have requested.

Information
automatically collected when visiting our website, which may include cookies,
third party tracking technologies and server logs.

Please rest assured that this site shall only collect personal
information that you knowingly and willingly provide by way of surveys,
completed membership forms, and emails. It is the intent of this site to use
personal information only for the purpose for which it was requested and any
additional uses specifically provided on this site.

We may also gather information about the type of browser you are using,
IP address or type of operating system to assist us in providing and maintaining superior quality service.

It is highly recommended and suggested that you review the
privacy policies and statements of any website you choose to use or frequent as
a means to better understand the way in which other websites garner, make use of
and share information collected.

Diesel Power Source may collect and may make use of personal information to assist in the operation of our website and
to ensure delivery of the services you need and request. At times, we may find
it necessary to use personally identifiable information as a means to keep you informed of
other possible products and/or services that may be available to you from www.DieselPowerSource.com

may also be in contact with you with regards to completing surveys and/or research questionnaires related
to your opinion of current or potential future services that may be
offered.

Diesel Power Source does not now, nor will it in the future, sell, rent or lease any of our
customer lists and/or names to any third parties.

Diesel Power Source may deem it necessary to follow websites and/or pages that our users may frequent
in an effort to gleam what types of services and/or products may be the most
popular to customers or the general public.

Diesel Power Source may disclose your personal information,
without prior notice to you, only if required to do so in accordance with applicable
laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:

Remain in conformance with any decrees, laws and/or statutes or in an effort to
comply with any process which may be served upon Diesel Power Source
and/or our website;

Maintain, safeguard and/or preserve all the rights and/or property of Diesel Power Source; and

Perform under demanding conditions in an effort to safeguard the personal safety of
users of www.DieselPowerSource.com and/or the general public.

Diesel Power Source does not knowingly collect personal identifiable information from children
under the age of thirteen (13) without verifiable parental consent. If it is
determined that such information has been inadvertently collected on anyone
under the age of thirteen (13), we shall immediately take the necessary steps
to ensure that such information is deleted from our system's database. Anyone
under the age of thirteen (13) must seek and obtain parent or guardian
permission to use this website.

All users and/or visitors to our website have the option to discontinue receiving
communication from us and/or reserve the right to discontinue receiving
communications by way of email or newsletters. To discontinue or unsubscribe to
our website please send an email that you wish to unsubscribe to sales@dieselpowersource.com. If you wish to unsubscribe or opt-out from any
third party websites, you must go to that specific website to unsubscribe
and/or opt-out.

Links to Other Web Sites
Our website does contain links to affiliate and other websites. Diesel Power Source does not claim nor accept
responsibility for any privacy policies, practices and/or procedures of other
such websites. Therefore, we encourage all users and visitors to be aware when
they leave our website and to read the privacy statements of each and every
website that collects personally identifiable information. The aforementioned
Privacy Policy Agreement applies only and solely to the information collected
by our website.

Security
Diesel Power Source shall endeavor and shall take every precaution to maintain adequate physical,
procedural and technical security with respect to our offices and information
storage facilities so as to prevent any loss, misuse, unauthorized access,
disclosure or modification of the user's personal information under our
control.

The company also uses Secure Socket Layer (SSL) for authentication and private
communications in an effort to build users' trust and confidence in the
internet and website use by providing simple and secure access and communication
of credit card and personal information.

Changes to Privacy Policy Agreement
Diesel Power Source reserves the right to update and/or
change the terms of our privacy policy, and as such we will post those change
to our website homepage at www.DieselPowerSource.com, so that our users
and/or visitors are always aware of the type of information we collect, how it
will be used, and under what circumstances, if any, we may disclose such
information. If at any point in time Diesel Power Source decides to make
use of any personally identifiable information on file, in a manner vastly
different from that which was stated when this information was initially collected,
the user or users shall be promptly notified by email. Users at that time shall
have the option as to whether or not to permit the use of their information in
this separate manner.

Through the use of this website, you are hereby accepting the terms and conditions
stipulated within the aforementioned Privacy Policy Agreement. If you are not
in agreement with our terms and conditions, then you should refrain from
further use of our sites. In addition, your continued use of our website
following the posting of any updates or changes to our terms and conditions
shall mean that you are in agreement and acceptance of such changes.

How to Contact Us
If you have any questions or concerns regarding the Privacy Policy Agreement related
to our website, please feel free to contact us at the following email,
telephone number or mailing address.

Email: sales@dieselpowersource.com
Telephone Number: 801-930-8404
Address: South Jordan, Utah 84095