Owner's Manual
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.
2
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
OFTH E 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
BYTHESERVICES
IS
NOTINTENDEDASASUBSTITUTE