Product Warranty

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 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,