DISCLAIMER OF WARRANTY: 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITTY GRITTYTM IS PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE BUYER OF ITTY GRITTYTM BEARS THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ITTY GRITTYTM.  SHOULD ITTY GRITTYTM PROVE DEFECTIVE, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A BRUTUS INDUSTRIES LLC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL BRUTUS INDUSTRIES LLC OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DELIVERY OF ITTY GRITTYTM BE LIABLE TO THE BUYER OF ITTY GRITTYTM OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF ITTY GRITTYTM, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERETY DAMAGES, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF BRUTUS INDUSTRIES LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 

REPLACEMENT OBLIGATION: BRUTUS INDUSTRIES LLC’S SOLE OBLIGATION AND LIABILITY FOR ITTY GRITTYTM  DEFECTS SHALL BE, AT BRUTUS INDUSTRIES LLC’S OPTION, TO REPLACE SUCH ITTY GRITTYTM OR REFUND TO BUYER THE AMOUNT PAID BY BUYER THEREFOR.  IN NO EVENT SHALL BRUTUS INDUSTRIES LLC’S LIABILITY EXCEED THE BUYER'S PURCHASE PRICE. THE FOREGOING REMEDY SHALL BE SUBJECT TO BUYER'S WRITTEN NOTIFICATION OF DEFECT AND RETURN OF THE DEFECTIVE ITTY GRITTYTM WITHIN NINETY (90) DAYS OF PURCHASE.  THE FOREGOING REMEDY DOES NOT APPLY IF ITTY GRITTYTM IS SUBJECTED TO MISUSE, NEGLECT, ACCIDENT OR MODIFICATION, OR IF DAMAGE OCCURS AS A RESULT OF THE FAILURE OF THE BUYER OF ITTY GRITTYTM TO FOLLOW SPECIFIC INSTRUCTIONS.