Installation Guide

this Limited Warranty, the owner of the Product must
(a) notify Nest Labs of the intention to claim by visiting
nest.com/support during the Warranty Period and
providing a description of the alleged failure, and (b)
comply with Nest Labs’ return shipping instructions.
Nest Labs will have no warranty obligations with
respect to a returned Product
if it determines, in its reasonable discretion after
examination of the returned Product, that the Product
is an Ineligible Product (defined below). Nest Labs will
bear all costs of return shipping to owner and will
reimburse any shipping costs incurred by the owner,
except with respect to any Ineligible Product, for which
owner will bear all shipping costs.
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 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