owner’s cost (except where prohibited by applicable law) to Nest
Labs for repair or replacement. 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, 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
Installation 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, fire, 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.
Nest Labs does not warrant that operation of the Product will be
error-free or uninterrupted or that the Product will in every case
process all data correctly.
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, FITNESS FOR A
PARTICULAR PURPOSE. TP 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
NEST LABS DISCLAIMS ALL LIABILITY OF ANY KIND OF NEST LABS’
SUPPLIERS. THE NEST LABS ONLINE SERVICES (“SERVICES”)
PROVIDE YOU INFORMATION (“PRODUCT INFORMATION”)
REGARDING YOUR ENERGY USE AND YOUR HVAC EQUIPMENT OR
OTHER PERIPHERALS CONNECTED TO YOUR PRODUCT (“PRODUCT
PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY
BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO
TIME. THE SERVICES MAY BE USED TO CONTROL YOUR HEATING,
VENTILATION, AND AC SYSTEM OR PRODUCT PERIPHERALS VIA
THE PRODUCT. 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 DECREASE THE ENERGY CONSUMPTION OF YOUR
HOME. YOU ARE SOLELY RESPONSIBLE FOR ALL ENERGY BILLS
INCURRED BY 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 HVAC SYSTEM, PLUMBING, 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 TEMPERATURE READING IN
THE PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT
INTENDED AS A SUBSITUTE FOR READING THE TEMPERATURE AS
DIRECTLY DISPLAYED BY THE PRODUCT.
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.
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