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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 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. VARIATIONS THAT MIGHT APPLY TO THIS LIMITED WARRANTY
Some jurisdictions do not allow limitations on how long an
implied warranty lasts or exclusions/limitations on incidental
or consequential damages, so some of the limitations set out
above may not apply to you.
64-30-0013-ES
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