Warranty Guide

3. WARRANTY CONDITIONS; HOW TO GET SERVICE IF YOU WANT
TO CLAIM UNDER THIS LIMITED WARRANTY
Before being able to claim under this Limited Warranty, the owner of the
Product must (a) notify Nest Labs of the intention to claim by visiting
nest.com/support during the Warranty Period and providing a description of
the alleged failure, and (b) comply with Nest Labs’ return shipping
instructions. 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 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 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 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 lightning, 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.
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
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