nest Cam IQ Guide D'installation page 13

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 Limited Warranty does not cover the following (collectively
"Ineligible Products"): (i) Products marked as "sample" or
"Not for Sale", or sold "AS IS"; (ii) 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,
Placement Guidelines, 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;
or (iii) any non-Nest Labs branded hardware products, even
if packaged or sold with Nest Labs hardware 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 such consumable parts
or software are 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, 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 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, provinces or
jurisdictions 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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