Owner's Manual
Table Of Contents
owner's
cost
(except
where
prohibited
by
applicable
law)
to
Nest
Labs
for
repair
or
replacement.
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,
except
with
respect
to
any
Ineligible
Product,
for
which
owner
will
bear
all
shipping
costs.
4.
WHAT
THIS LIMITED WARRANTY
DOES
NOT
COVER
This
warranty
does
not
cover
the
following
(collectively
"Ineligible
Products"):
Products
marked
as
"sample"
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
Installation
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
lightning,
fire,
flood,
tornado,
earthquake,
or
hurricane.
This
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.
Nest
Labs
does
not
warrant
that
operation
of
the
Product
will
be
error-free
or
uninterrupted
or
that
the
Product
will
in
every
case
process
all
data
correctly.
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.
TPTHE
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.
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