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/services.
AS A PRIVATE MEMBERSHIP ASSOCIATION, WE ONLY SELL TO OUR MEMBERS!
By using the Website, you signify your agreement to these Terms and Conditions of Use. If you do not agree, you are restricted from using the Website or purchasing Association products/services. Your purchase and/or use of any current or future services/products is subject to these Terms and Conditions of Use and applicable guidelines.
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. Member acknowledges that a separate Association membership fee was included with the purchase.
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. Member agrees 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. Member agrees 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. Member agrees 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. Member agrees 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. Member acknowledges and agrees that trustees, members, representatives and agents of the Association are exempt from personal liability.
25. Member affirms that it does not represent any State or Federal agency 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 cover 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.
Scope of this Privacy Policy
This Privacy Policy applies to Diesel Power Source and governs all data collection and usage associated with the website at www.DieselPowerSource.com. By using our website, you are accepting the practices described in this policy.
Collection of Information
We collect various types of information, including:
1. Voluntarily Provided Information:
- Personal information such as your name, address, email, billing details, and payment information may be collected when you purchase products or services, fill out forms, or communicate with us via email. This information is used to fulfill your requests and to provide the services you have opted for.
2. Automatically Collected Information:
- Information such as IP addresses, browser types, access times, and pages visited may be collected automatically through cookies, server logs, and third-party tracking technologies. This information helps us maintain and improve the functionality of our website.
We collect personal information that you knowingly provide (e.g., via surveys or registration forms) and will only use it for the specific purpose for which it was provided unless otherwise stated.
We may also collect data about your browser, operating system, and IP address to enhance user experience and ensure that we provide a high-quality service.
Use of Information
Diesel Power Source may use the personal information collected for the following purposes:
- To provide and maintain the products or services you request.
- To inform you of additional products or services that may be of interest to you.
- To conduct surveys or research to gather feedback on our products and services.
Your personal information will not be sold, rented, or leased to any third parties. We may track user activity on our website to identify popular services or products but will not use this information for commercial purposes without your consent.
Disclosure of Information
Diesel Power Source may disclose your personal information without notice if required by law or in good faith to:
- Comply with legal requirements or processes served on Diesel Power Source.
- Protect and defend the rights or property of Diesel Power Source.
- Protect the personal safety of users of www.DieselPowerSource.com or the public.
Children’s Privacy
We do not knowingly collect personal information from individuals under the age of thirteen (13) without verified parental consent. If we discover that such information has been inadvertently collected, we will take immediate steps to delete it. Anyone under 13 must have parental consent to use our website.
Opting Out of Communication
You have the option to discontinue receiving communications from us. To unsubscribe from any future communications, please email us at sales@dieselpowersource.com. If you wish to unsubscribe from third-party communications, please contact those entities directly.
Links to Third-Party Websites
Our website may contain links to other websites. We do not control or assume responsibility for the privacy practices of other sites. We encourage users to review the privacy policies of all external sites before providing any personal information.
Security Measures
Diesel Power Source employs industry-standard physical, electronic, and managerial procedures to safeguard your personal information. We utilize Secure Socket Layer (SSL) encryption to protect sensitive data, such as payment information, during transmission.
Changes to This Privacy Policy
We reserve the right to modify this privacy policy at any time. Updates will be posted on our website, and any significant changes will be communicated to you via email. Continued use of our website following any changes signifies your acceptance of the revised policy.
Contact Information
If you have any questions regarding this Privacy Policy, please contact us via:
- Email: sales@dieselpowersource.com
- Phone: 801-930-8404
- Address: 11279 S Redwood Rd Ste A, South Jordan, UT 84095
Messaging Terms & Conditions
When you opt into our messaging service, you agree to receive automated marketing and informational text messages from Diesel Power Source. Message frequency may vary based on your interaction with us. Message and data rates may apply. Consent to receive messages is not a condition of purchase. You can cancel at any time by texting "STOP."
You agree to notify us before changing or transferring ownership of your mobile number. You can do this by either replying “STOP” from your original number or by informing us of the change at sales@DieselPowerSource.com. Failure to provide this notification may result in continued messaging to the new owner of the number. This requirement is a condition of using our messaging service.
For help, text "HELP" or contact us at sales@dieselpowersource.com or 801-930-8404. If you change your phone number, please inform us to avoid messages being sent to the wrong recipient.
We reserve the right to modify our messaging terms at any time, with updates posted on our website.