Owner's Manual

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
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 PRODUCTWILL
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.
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.