TERMS AND CONDITIONS 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”). Please read these Terms and Conditions of Use carefully before using the Website or purchasing products or services.
This Association operates as a Private Membership Association operating in the private domain. We declare that we are exercising our right of “freedom of association” as guaranteed by the US Constitution and its amendments. This means our activities are restricted to the private domain only and are protected under the 1st, 4th, 5th, 9th, 10th, and 14th Amendments. This also means this association operates outside the venue and jurisdiction and authority of all Federal, State and Local Agencies, Judicial Branches and Law Enforcement Authorities.
This website is not intended for use by government agents; and such agents are not authorized to use the Website or any of its contents for any purpose. This Association operates exclusively within the Private Domain and benefits from the protection of numerous favorable U.S. Supreme Court decisions with no decisions to the contrary to date. Access is strictly limited, No Trespassing is permitted and only private members may enter!
AS A PRIVATE MEMBERSHIP ASSOCIATION, WE ONLY SELL TO OUR MEMBERS
By accessing or using this Website, you acknowledge and agree to become a Temporary Member of this Association and to abide by its bylaws, 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 within the Association. 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 Conditions of Use and applicable guidelines.
NOTICE AND WARNING TO GOVERNMENT AGENTS
These Terms and Conditions serve as notice to any individual acting as government agent, hireling, or employee. By accessing this Website, including viewing its contents or purchasing any products or services, you are hereby trespassing and acting outside the scope of your jurisdiction and authority. You have no legal standing or authority to compel any man or woman, or entity associated with this Association to act in any manner.
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.
You have or should have taken an oath of office, in which you have sworn to support and defend the Constitution of the United States of America (U.S. Constitution) and the Utah State Constitution (Utah Constitution). We do accept your oath as a binding contract, and we invoke all the rights guaranteed under the U.S. Constitution and Utah Constitution as these rights are unalienable and endowed by our Creator.
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.
INTELLECTUAL PROPERTY
All content on this website, including text, graphics, logos, images, and software, is the property of to www.dieselpowersource.com or the Association, its Members, its licensors and is protected by intellectual property laws. Unauthorized use of this content is prohibited.
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. 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, and we are not responsible for the content or accuracy of these third-party sites.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The website is provided "as is" without warranties of any kind.
www.dieselpowersource.com or the Association, its Members are not liable for any damages arising from the use of this website, including errors, interruptions, or the inability to access the site.
CHANGES TO TERMS
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your continued use of the website constitutes your acceptance of the revised terms.
GOVERNING LAW
These Terms and Conditions are governed by the laws of the State of Utah. Any disputes arising from the use of this website will be resolved in the courts of Utah Salt Lake County.
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 Member Association (Association”). DPS is also a Member of this Association. Members acknowledge that a separate Association membership fee is included with the purchase of every item sold by DPS.
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, 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. Association is beyond/outside the jurisdiction and authority of all Federal, State, Local Government Agencies, Authorities, Judicial Branches and Law Enforcement Authorities.
3. Member agrees and understands that activities within the Association are a private matter and agrees to not share them with any government agency, including but not limited to the EPA, CalEPA, CARB, IRS, FTC, or judicial branch or government representative or government officer whatsoever.
4. Members have full freedom of choice, discretion, option, and privacy.
5. Products purchased and/or received from DPS in conjunction with this Agreement was an item issued in the Association for use of its Members.
6. Members can freely trade, contract, exchange and purchase within the Association.
7. Member acknowledges and accepts that this Association operates 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 complaints and disputes are handled internally by the Association's Committee/private tribunal. 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, for the benefit of the Association and its members.
9. This Agreement is governed by and will be interpreted and construed by 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 and technology.
11. The Association’s purpose is to provide members interested in travel and the advancement of technology, a private space to gather, trade, and exchange items and ideas with each other free from government regulation.
12. DPS only trades, exchanges and barters with other members of the Association.
13. All records shall remain private and will not to be shared in the public domain without the Member’s express written consent. The Association reserves the right to share, post, and publish member material, including pictures, videos, statements and other information for the purpose of promoting the Association that it deems appropriate.
14. Members agree not to sue other members or the Association unless exposed to clear danger. Disputes and 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. Members agree that violation of any section of this Agreement shall result in a no-contest legal proceeding against the Member.
16. The Association is open to all, regardless of race, color, or religion.
17. Members agree that 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.
18. The Association may remove members who harm or discredit it, voiding any warranties.
Non-Disclosure/Non-Compete/Non-Disparagement
19. Members agree to be subject to a Non-disclosure and Non-Compete and Non-Disparagement Agreement.
20. In exchange for the limited warranty and benefit of membership, Member agrees not to Members will not copy or disclose product designs and to not compete with DPS. Members also agree not disparage the Association, DPS, or any DPS product publicly.
21. Members agree to contact DPS directly regarding all issues with products.
General Provisions
22. Severability: If any part of this Agreement is found invalid, the rest remains in effect. Invalid provisions will be modified or stricken as necessary.
23. Attorney’s Fees: Members agree to pay all costs and fees for enforcing this Agreement.
24. Members acknowledge and agree that trustees, members, representatives and agents of the Association are exempt from personal liability.
25. Members affirm that it does not represent any State or Federal agency or any other government interest.
26. The Members agree they 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, including any taxes, customs and duties.
27. The Members warrant and represent that they have carefully read this Agreement and that the terms and conditions of this Agreement are fully understood and voluntarily accepted by Members by their 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.
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 the following:
Appointment reminders (eg. "You have a tech support appointment with Diesel Power Source, at 8am MST, on April 2, 2025)
Follow-up messages (eg. "Thank you for contacting Diesel Power Source, we will be in touch within the next 1-2 hours, when someone is available")
Billing inquiries (eg. We have received your billing inquiry about your purchase, someone in accounting will respond as soon as they are available.")
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 for SMS Messaging:
Please note that 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 in the following way:
By texting us first to 801-930-8404, or you can reply STOP to opt out from Diesel Power Source at any time by filling out a website form.
6- Opt-Out Method:
You can opt out of receiving SMS messages at any time. To do so, simply reply "STOP" to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.
7- Help:
If you are experiencing any issues, you can reply with the keyword HELP to 801-930-8404. Or, you can get help directly from us at sales@dieselpowersource.com
Additional Options:
If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.
8- 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 and Conditions, please contact us at:
sales@dieselpowersource.com