Installation Guide

4. WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover the following (collectively “Ineligible
Products”): (i) Products marked as “sample” or “Not for Sale”, or sold “AS IS”;
(ii) Products that have been subject to: (a) modifications, alterations, tampering, or
improper maintenance or repairs; (b) handling, storage, installation, testing, or use
not in accordance with the User’s Guide, Placement Guidelines, or other instructions
provided by Nest Labs; (c) abuse or misuse of the Product; (d) breakdowns,
fluctuations, or interruptions in electric power or the telecommunications
network; or (e) Acts of God, including but not limited to lightning, flood, tornado,
earthquake, or hurricane; or (iii) any non-Nest Labs branded hardware products,
even if packaged or sold with Nest Labs hardware. This Limited Warranty does
not cover consumable parts, including batteries, unless damage is due to
defects in materials or workmanship of the Product, or software (even if packaged
or sold with the product). Nest Labs recommends that you use only authorized
service providers for maintenance or repair. Unauthorized use of the Product
or software can impair the Product’s performance and may invalidate this
Limited Warranty.
5. DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, NEST LABS DISCLAIMS ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO
THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, NEST LABS ALSO LIMITS THE DURATION OF
ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION
OF THIS LIMITED WARRANTY.
6. LIMITATION OF DAMAGES
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL
NEST LABS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY,
OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST
PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE
PRODUCT, AND NEST LABS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR
RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED
THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
7. LIMITATION OF LIABILITY
THE NEST LABS ONLINE SERVICES (“SERVICES”) PROVIDE YOU INFORMATION
(“PRODUCT INFORMATION”) REGARDING YOUR NEST PRODUCTS OR OTHER
PERIPHERALS CONNECTED TO YOUR PRODUCTS (“PRODUCT PERIPHERALS”).
THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR
PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY
OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR
YOUR CONVENIENCE,“AS IS”, AND “AS AVAILABLE”. NEST LABS DOES NOT
REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL
BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION
OR USE OF THE SERVICES OR PRODUCT WILL PROVIDE SAFETY IN YOUR HOME.
YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT
YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR
(AND NEST LABS DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES,
INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT
PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS
IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION,
SERVICES, OR PRODUCT. PRODUCT INFORMATION PROVIDED BY THE SERVICES
IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE
INFORMATION. FOR EXAMPLE, A NOTIFICATION PROVIDED THROUGH THE SERVICE
IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS
IN THE HOME AND ON THE PRODUCT, NOR FOR A THIRD PARTY MONITORING
SERVICE THAT MONITORS ALARM STATE.
8. YOUR RIGHTS AND THIS LIMITED WARRANTY
This Limited Warranty gives you specific legal rights. You may also have other
legal rights that vary by state, province, or jurisdiction. Likewise, some of the
limitations in this Limited Warranty may not apply in certain states, provinces
or jurisdictions. The terms of this Limited Warranty will apply to the extent
permitted by applicable law. For a full description of your legal rights you should
refer to the laws applicable in your jurisdiction and you may wish to contact a
relevant consumer advisory service.
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