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
Æ?d[b_]_Xb[FheZkYjiÇ0FheZkYjicWha[ZWiÆiWcfb[ÇehiebZÆ7I
?IÇ1ehFheZkYjij^Wj^Wl[X[[dikX`[Yjje0WceZ_ÒYWj_edi"
Wbj[hWj_edi"jWcf[h_d]"eh_cfhef[hcW_dj[dWdY[ehh[fW_hi1X
handling, storage, installation, testing, or use not in accordance
m_j^j^[Ki[hÉi=k_Z[ehej^[h_dijhkYj_edifhel_Z[ZXoD[ijBWXi1
YWXki[ehc_iki[e\j^[FheZkYj1ZXh[WaZemdi"ÓkYjkWj_edi"
or interruptions in electric power or the telecommunications
d[jmeha1eh[7Yjie\=eZ"_dYbkZ_d]b_]^jd_d]"ÓeeZ"jehdWZe"
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
J>;D;IJB78IEDB?D;I;HL?9;IÆI;HL?9;IÇFHEL?:;
OEK?D<EHC7J?EDÆFHE:K9J?D<EHC7J?EDÇH;=7H:?D=
YOUR NEST PRODUCTS OR OTHER PERIPHERALS CONNECTED
JEOEKHFHE:K9JIÆFHE:K9JF;H?F>;H7BIÇ$J>;JOF;
OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED
TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME.
WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS
ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR
9EDL;D?;D9;"Æ7I?IÇ"7D:Æ7I7L7?B78B;Ç$D;IJB78I:E;I
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
_cfb_[ZmWhhWdjobWijieh[nYbki_edi%b_c_jWj_edied_dY_Z[djWb
or consequential damages, so some of the limitations set out
above may not apply to you.
64-30-0013-ES-A
26
