Use and Care Manual

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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 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, 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, provinces or
jurisdictions. 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.
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