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 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, 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
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.
064-00122-US
