Instructions / Assembly
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”): Products marked as “sample” or “Not for
Sale”, or sold “AS IS”; or 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. 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 such consumable parts or software are 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,
ELECTRICTY, 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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