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28 Limited Warranty
or improper maintenance or repairs; (b) handling, storage installation, testing,
or use not in accordance with the Terms of Service or other instructions provided
by Nanit; (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.
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). Nanit 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. This Limited Warranty does not apply to anything
other than the Products, including any software, even if packaged or sold with
the Products. Software distributed by Nanit (including, but not limited to system
software) is not covered under this Limited Warranty. Refer to the licensing
agreement accompanying the software for details of your rights with respect
to its use. Nanit does not warrant that the operation of the product will be
uninterrupted or error-free.
4. NOT A MEDICAL DEVICE.
The services and the products are not intended to be used as a medical device
and the products are not medical devices. Furthermore, the services and
the products are neither regulated nor approved by the U.S. Food and drug
administration, and are not designed to detect or prevent causes of any medical
condition. The services are not a substitute for medical care or adult supervision.
You acknowledge, understand and agree that your use of the services and
the products is entirelyat your own risk.
5. DISCLAIMER OF WARRANTIES.
Except as stated above in this limited warranty, and to the maximum extent
permitted by applicable law, Nanit 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 and
non-infringement. To the maximum extent permitted by applicable law,
Nanit 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 Nanit 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 Nanit’s 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 Nanit online services (“services”) provide you information (“product
information”) regarding your Nanit 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”. Nanit 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 Nanit
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 parent checking on the child.
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.