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. 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, 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. 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.
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