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, FITNESS FOR A PARTICULAR PURPOSE. TP THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, NEST LABS ALSO LIMITS THE DURATION OF ANY
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 NEST LABS DISCLAIMS ALL LIABILITY OF ANY KIND OF NEST
LABS’ SUPPLIERS. THE NEST LABS ONLINE SERVICES (“SERVICES”) PROVIDE YOU
INFORMATION (“PRODUCT INFORMATION”) REGARDING YOUR ENERGY USE AND YOUR
HVAC EQUIPMENT OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCT (“PRODUCT
PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO
YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. THE SERVICES MAY BE USED TO
CONTROL YOUR HEATING, VENTILATION, AND AC SYSTEM OR PRODUCT PERIPHERALS
VIA THE PRODUCT. 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 DECREASE THE
ENERGY CONSUMPTION OF YOUR HOME. YOU ARE SOLELY RESPONSIBLE FOR ALL
ENERGY BILLS INCURRED BY 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 HVAC SYSTEM, PLUMBING, 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
TEMPERATURE READING IN THE PRODUCT INFORMATION PROVIDED BY THE SERVICES IS
NOT INTENDED AS A SUBSITUTE FOR READING THE TEMPERATURE AS DIRECTLY
DISPLAYED BY THE PRODUCT.
8. VARIATIONS THAT MIGHT APPLY TO THIS LIMITED WARRANTY Some jurisdictions do not
allow limitations on how long an implied warranty lasts or exclusions/limitations on incidental or
consequential damages, so some of the limitations set out above may not apply to you.
64-10-0018-ES-A_130618
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