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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 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. 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.
064-00051-US
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