Owner's Manual
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,
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.
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.
064-00083-US
13