Terms and Conditions.

Last updated on September 15, 2025. These Terms and Conditions are effective immediately for purchasers or users accessing or using Service on or after September 15, 2025.

Kiefer Sage, Inc., through its family of websites ASSEMBLED PRODUCTS®, JOTTO DESK®, MARTCART®, and SPRAYMASTER® (“Associated Websites”) provides products for purchase and a website providing product information (collectively the “Site”) provided by Kiefer Sage, Inc. (“Kiefer Sage”, we or us), an Arkansas corporation. The following Terms and Conditions (“Terms”) govern your ability to use and access any content, functionality and services offered through the Site as a user of the Site (collectively “User”) or as a purchaser of products from Kiefer Sage (“Buyer”).

Please read these Terms carefully before using this Site. These Terms governs your access to and use of the Site. The Site is available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all of the terms of use, do not access or use the Site.

From time to time, we may modify the Terms. If we do so, we will make the modified Terms available through the Service, and indicate the date of the latest revision. We encourage you to review the Terms periodically for changes. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood, and agreed to the current version of the Terms. If you do not agree with any changes to the Terms, you must cease using the Service.

PLEASE READ THE TERMS CAREFULLY. THROUGH USE OF THE SITE OR SERVICES MEANS YOU ACKNOWLEDGE AND REPRESENT THAT 1) YOU HAVE READ THESE TERMS, 2) UNDERSTAND THEM, AND 3) AGREE TO BE BOUND BY THEM. YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOU ARE AT LEAST 13 YEARS OLD.

PLEASE NOTE: THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS OF SERVICE, YOU AGREE THAT ALL CLAIMS AGAINST ASSEMBLED PRODUCTS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING EXCEPT AS STATED BELOW.

BY ACCESSING, USING OR MERELY BROWSING THE APP, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE INTO THESE TERMS.

KIEFER SAGE ONLINE SERVICES

Kiefer Sage is a company that provides the following Services to Users:

All Content that we make accessible to you as a User of the Service;
Any other services that we may provide to you.

Kiefer Sage reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site with or without notice; limit the Site’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the Site or some of its features; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any affiliated entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, software, submission, feature, product or other Content offered through the Site. You agree that these Terms will apply to any changes or updates to the Services. Kiefer Sage will notify you of any change to the Services that reduces its functionality or features in any material respect or if it discontinues any Service and is not replaced by a substantially equivalent function or feature. If Kiefer Sage has notified you under this section, you may terminate the affected Services upon providing notice to Kiefer Sage.

Nothing in this section limits Kiefer Sage’s ability to discontinue any Service or to make changes as required to comply with applicable law, address a material security risk, or avoid a substantial economic or technical burden.

Accounts

Visitors may download and access the Site without registering for an account, but the features of the Site and Services may require an account with Kiefer Sage or one of the Associated Websites(“Account”).

A “User” is Account holder who accesses or in any way uses the Site and/or the Services.

Username and Password

User access of the Site will require you to use login credentials. These login credentials may be the login credentials to your Google Chrome account or supplemental credentials. You may be required to choose a password or change your password. Remember your login credentials, and do not share your login credentials with anyone. Your login credentials will identify you to us when you utilize our Site. If you forget your login credentials, you may not be able to access certain portions of the Site. You are solely responsible to maintain the confidentiality of your login credentials and for all activities when a user is logged into the Site by your login credentials.

You agree to immediately notify Kiefer Sage of any unauthorized use of your login credentials or any other security breach and ensure that you log out of the Site at the end of each session. Kiefer Sage will not be liable for damage or loss from your failure to comply with these Terms. You may be issued a new password or be required to change your password from time to time. Your login credentials combination are not transferable to other users.

Kiefer Sage reserves the right to restrict, suspend, or terminate access to the Site for any user (each, an "Account") because of inactivity or fraudulent activity under that Account, or any other reason we deem appropriate. We are available for your questions regarding use of the site at contact@[INSERT URL].com.

License and Ownership; Access to Site; Notice to Buyers

Any and all intellectual property rights (“Intellectual Property”) associated with the Site and its contents, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files and their selection and arrangement, (collectively, the “Content”), are the sole property of Kiefer Sage, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Site are trademarks, service marks or trade dress (“Marks”) of Kiefer Sage, its affiliates or other entities that have granted Kiefer Sage the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Kiefer Sage. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without the prior written permission of Kiefer Sage or the appropriate third party. Except as expressly provided herein, Kiefer Sage does not grant to you any express or implied rights to our or any third party's Intellectual Property.

We grant you a limited, revocable, non-exclusive, license to access the Site and to view portions of the Content available to you on the Site. Such license is subject to these Terms specifically conditioned upon the following:

you may only view such portions of the Content for your own non-commercial use;
you may not modify or otherwise make derivative works of the Site or the Content or reproduce, distribute or display the Site or any Content except at permitted within these Terms;
you may not remove any trademark, copyright or other proprietary notices placed on Content;
you may not use data mining, robots or similar data gathering or extraction methods; and
you may not use the Site or the Content other than for its intended purpose.

The license in this section is revocable by us at any time. You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

Electronic Communications; Feedback

By accessing or using the Site, you consent to accept and receive communications from Company through the Service or by other means such as e-mail, push notifications, text messages (including SMS and MMS), AI chatbots, and phone calls at the addresses you provide to the Company. These communications may promote Company and may be initiated by Company. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your carrier for certain communications such as SMS messages or phone calls.

When you send e-mail to Kiefer Sage, you are communicating electronically and Kiefer Sage will communicate with you by e-mail. We may also communicate by posting notices on the Site. You agree that all notices, disclosures, and other communications that Kiefer Sage makes electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, please stop using this Site.

We always appreciate your feedback and other suggestions about our Services and the Site. You agree that we may use any feedback, suggestions, comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), without any restriction, acknowledgment, or compensation paid to you, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and/or Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. We are under no obligation to keep your Feedback confidential.

Fees and Payment

You agree to pay all fees or charges incurred by you or your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

By providing Kiefer Sage with your credit card number and associated payment information, you agree that we are authorized to immediately charge the payment account you provide for all fees and charges due and payable to Kiefer Sage hereunder and that no additional notice or consent is required.

DISCLAIMER OF WARRANTIES

KIEFER SAGE MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.

KIEFER SAGE MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION CONTAINED ON THE SITE IS ACCURATE AND UP TO DATE. NEVERTHELESS, YOU MUST EVALUATE THE INFORMATION AND CONTENT OF THE SITE. YOUR USE AND BROWSING OF THE SITE IS EXCLUSIVELY AT YOUR OWN RISK AND THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. KIEFER SAGE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. KIEFER SAGE AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABLENESS, COMPLETENESS, SECURITY, TIMELINESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE, OR IF YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY KIEFER SAGE IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS ARE FAIR AND REASONABLE.

LIMITATION OF LIABILITY

KIEFER SAGE WARRANTS THAT ANY PRODUCTS PURCHASED BY KIEFER SAGE CONFORM TO THE LABEL DESCRIPTIONS. THERE ARE NO OTHER WARRANTIES, OR REPRESENTATIONS AS TO THESE PRODUCTS AND THE FOREGOING EXPRESS WARRANTY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THE EXCLUSIVE REMEDY FOR LOSS OR DAMAGE DUE TO BREACH OF THE EXPRESS WARRANTY SET FORTH ABOVE OR OTHER CAUSE IS LIMITED TO THE REFUND OF THE PURCHASE PRICE OF THE PRODUCT AND KIEFER SAGE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE RESULTING FROM ANY SUCH BREACH.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT KIEFER SAGE IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, KIEFER SAGE IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KIEFER SAGE, ITS AFFILIATES, ITS LICENSORS, OR ITS SUPPLIERS OR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLECT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KIEFER SAGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KIEFER SAGE IS TO DISCONTINUE YOUR USE OF THE SITE AND THE SERVICES. KIEFER SAGE IS NOT RESPONSIBLE FOR WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. UNDER NO CIRCUMSTANCES WILL KIEFER SAGE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE, THE CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

Compliance with Law

You agree to use the Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Kiefer Sage, negatively reflect on the goodwill or reputation of Kiefer Sage and shall take no actions which would cause Kiefer Sage to be in violation of any laws, rulings or regulations applicable to Kiefer Sage.

DISPUTE RESOLUTION; GOVERNING LAW; VENUE

By using the Services or purchasing products from Kiefer Sage, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arkansas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us. The parties agree that any disputes shall be resolved by binding arbitration, mediation or litigation, as provided herein, in Benton County, Arkansas.

You and Kiefer Sage agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy (a “Dispute”) relating to this Agreement. Either party may initiate negotiations by providing written notice to the other Party, setting forth the subject of the Dispute and the relief requested. The receiving Party will respond in writing within fourteen (14) calendar days with a statement of its position on, and recommended solution to, the Dispute. If the matter is not resolved within fourteen (14) more calendar days thereafter, either Party may submit the Dispute to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association and the award shall be enforceable in any court having jurisdiction thereof. Any dispute or claim arising from or relating in any way to your use of the Services provided by Kiefer Sage or these Terms will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes to the extent applicable. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. To begin an arbitration proceeding, visit AAA’s website (www.adr.org) for instructions.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, unless otherwise agreed by all parties. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. Unless we each agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

We also both agree that the terms “dispute” and “claim” as used in this section are as broad as they can be and include any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforceability or validity of your, your licensors’, our, or our licensors’ intellectual property rights. You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You and Kiefer Sage consent to the exclusive jurisdiction of the state and federal courts sitting in Washington County, Arkansas for any non-arbitration actions, suits or other proceedings arising out of, or related to, the enforcement of either party’s rights hereunder. You and Kiefer Sage agree not to commence any action suit or proceeding in any other court and hereby irrevocably and unconditionally waive any objection to the laying of venue in any such court. The parties each agree to waive their separate rights to a trial by jury.

General

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

AMENDMENTS

As stated above, we may amend these Terms at any time and for any reason. We ask that you stay up-to-date with this Terms. When we make changes to these Terms, we will notify you of the changes by posting the revised version on our Site. Any changes will become effective upon the earlier of thirty (30) calendar days following our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting notice of the changes on our Site. Changes will be effective immediately for new users of our Site or Services. If you object to any such changes, we ask that you cease using the Site and the Services. By continuing to use the Site after we have posted modifications or amendments to the Terms, you consent to such amendments and/or modifications. For this reason, we encourage you to review the Terms whenever you use the Site or Services.

If you have any questions or concerns regarding the Terms of Use, please contact us at info@kiefersage.com.