Effective: Jan 1, 2012 (updated January 30, 2012)
2. Use of the Services.
2.1 The Services are for use by users who are at least 13 years old. Users under the age of 13 are not permitted to use the Services without the consent of a parent or legal guardian. By registering, accessing or using the Services, you represent that the information provided about yourself, including your age or the consent of a parent or legal guardian, is accurate and complete.
2.2 The Services contain all types of information and material, including but not limited to software, text, graphics, communications, measures, tests, results, opinions, photographs, drawings, profiles, messages, notes, websites links, music, video files or other animated or non-animated images, designs, music, audio files or other sounds, reports, charts and data files, and any other content, either owned by or licensed to Netatmo by any third party, including other users of the Services, to the exclusion of your User Generated Content as defined hereinafter (collectively referred to as the 'Content').
2.3 The Services and Content are protected by French intellectual property laws and any other intellectual property law that may apply. You acknowledge and agree that Netatmo (or its licensors) own all legal rights, title and interest in and to the Services and Content, including any intellectual property rights which subsist in the Services and Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Netatmo and that you shall not disclose such information without Netatmo's prior written consent.
2.5 No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.
2.7 You agree not to: (a) take any action that imposes an unreasonable load on the Services' infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Services, (d) delete or alter any material posted on the Site by Netatmo or any other person or entity, and/or (e) frame or link to any of the materials or information available on the Services.
2.9 If you believe in good faith that materials on the Services provided by Netatmo infringe your copyright or author's rights, you (or your agent), may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter notices with respect to the Services should be sent to Netatmo at:
- By Mail: Copyrights Agent, Netatmo, 892 rue Yves Kremen 92100 Boulogne-Billancourt, FRANCE
- By Email: firstname.lastname@example.org
3. User Generated Content
3.1 The User Generated Content (the 'UGC') is all types of information and material, including but not limited to software, text graphics, communications, measures, tests, results, opinions, photographs, drawing, profiles, messages, notes, website links, music, videos files or other animated or non-animated images, designs, music, audio files or other sounds, reports, charts and data files, and any other content, including the Feedbacks and Submissions as defined hereinafter, that you publish, display, upload, disclose, transmit, store, share or otherwise make available ("post") on or through the Services or the use of your Product. This includes all data transmitted by your Netatmo Product.
3.2 By publishing, displaying, uploading, disclosing, transmitting, storing, sharing, "posting," or otherwise making available your UGC on or through the Services, you hereby grant to Netatmo a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to copy, reproduce, modify, translate, broadcast, perform, display distribute, transmit, frame, republish, download, display, perform, post, sell, make a commercial use and commercially exploit, create derivative works, reverse engineer, decompile, extract any code on any of your UGC, in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. You hereby waive any rights of publicity and privacy with respect to the UGC and any other legal or moral rights that might preclude Netatmo's use of the UGC or require your permission for Netatmo to use the UGC. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Netatmo or its sublicensees relating to Netatmo'r its sublicensees' use of the UGC, and you hereby release Netatmo and its sublicensees from any such claims.
3.3 You represent that your UGC : (i) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (ii) will not violate any law, statute, ordinance or regulation; (iii) will not be obscene or contain child pornography; (iv) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (v) will not violate any third party's rights of publicity or privacy; and (vi) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your UGC.
4. Advertising, Linking and Framing.
5. Unsolicited Ideas and Feedback.
5.1 Netatmo appreciates your interest in our products and our company and understands that you may have comments and suggestions. However, Netatmo does not want you to, and you should not, send any confidential or proprietary information to Netatmo through its Services, or through any other means. Please note that you have no confidentiality agreement with Netatmo and any unsolicited information or material sent to Netatmo will not be regarded by Netatmo as confidential or proprietary information. You may wish to consult with an attorney before making any unsolicited submission to Netatmo so that you can understand what will be consequences of making an unsolicited public submission to Netatmo. If, however, you submit unsolicited information and feedback, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names (collectively, the 'Feedback'), please be aware that regardless of what your letter and/or any other accompanying documentation may say, you are agreeing that the following terms shall apply to your Feedback: (1) Netatmo, and our designees, may use or redistribute the Feedback and/or any portions thereof for any purpose, including commercial purposes, and in any way; without compensation to you; (2) there is no obligation for Netatmo to review the Feedback and/or provide you with any commentary regarding the same; and (3) there is no obligation to keep any Feedback confidential.
5.2 Upon submitting Feedback you (1) warrant that you are the original developer and/or creator of the Feedback and are legally free to make such a disclosure and you shall be solely liable for any damages arising from your submission of any information that is protected through copyright, trade secret law, patent law or other proprietary rights and (2) understand our feedback policy as set forth in this Section and accept this policy without reservation.
6. Submissions Policy.
6.1 The Services may provide you with an opportunity to post publicly comments, articles and other submissions (collectively, the 'Submissions'). By posting and/or otherwise providing Submissions to the Services, you fully understand and agree to grant us with the rights described in Section 5 above. You also permit any other users to access, display, view, store and reproduce such Submissions for personal use. You acknowledge that to the extent that you include personally identifiable information in your Submissions, we may republish such information. Netatmo furthermore reserves the right to alter and edit any Submission or refuse to accept, post, display or transmit any Submission in its sole discretion.
6.2 Although Netatmo has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (i) monitor the Submissions; (ii) alter, edit, or remove any Submission in whole or in part; or (iii) disclose any Submissions. The Submissions posted on the Site by users do not indicate any approval or endorsement by Netatmo of such Submissions. Netatmo is not responsible for, and hereby disclaims any and all liability that may arise from the Submissions.6.3 You agree that you are responsible for your own use of the Services, for any Submission you make, and for any consequences thereof. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. To provide a forum where ideas can be shared in a productive and safe environment, you agree NOT to:
- (i) Post any private information, or otherwise harvest, collect or disclose information, about another without his or her express consent;
- (ii) Post any content to the Site that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups;
- (iii) Post any content to the Site that infringes any third party's intellectual property or other rights;
- (iv) Use the Services for any unlawful purpose, or transmit or otherwise make available in connection with the Services any material that would give rise to criminal or civil liability;
- (v) Use the Services for advertisements, chain letters, spam, survey solicitations, junk mail or solicitations;
- (vi) Impersonate any person or entity, including any Netatmo employees, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- (vii) Imply that Netatmo endorses any of your statements or positions;
- (viii) Take any action that imposes an unreasonable load on the server;
- (ix) Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services;
- (x) Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or making up the Services; and/or
- (xi) Delete or alter any material posted by any other person or entity.
7. Disclaimer of Content and Warranties.
7.1 The warranty for the product is set forth in the limited warranty available on http://www.netatmo.com.
7.2 NETATMO, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE 'NETATMO PARTIES') MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THEIR OPERATION, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE NETATMO PARTIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR FREE, WILL BE ININTERRUPTED OR AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, OR THAT THE SERVICES, ITS SERVER, OR THE CONTENT, ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT CAUSES THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO NETATMO PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE SERVICES AND CONTENT ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OF IMPLIED. THE NETATMO PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
7.3 The Content on the Services is presented in a summary fashion, and is intended to be used for informational purposes only. The data, measurements as well as any other kind of content provided through the Services are supplied without any warranty of accuracy and should not be used as a source to make any decision.
8. Limitation of Liability.
8.1 IN NO EVENT SHALL ANY NETATMO PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE, OR RESULTING FROM USE OF THE SERVICES AND THEIR CONTENT, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ANY NETATMO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NETATMO PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT AND SERVICES, OR ANY OTHER INFORMATION CONVEYED TO THE USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THEIR CONTENT AT YOUR OWN RISKS. THE AGGREGATE LIABILITY OF THE NETATMO PARTY, TAKEN INDIVIDUALLY OR COLLECTIVELY, ARISING OUT OR RELATING TO THE SITE AND SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100.
8.2 Some countries applicable law do not allow certain of the above limitations or exclusions, in which case they may not apply to you. IN SUCH COUNTRIES, THE LIABILITY OF THE NETATMO PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Indemnification of Netatmo.
10. Termination of the Services.
10.2 If you want to terminate your legal agreement with Netatmo, you may do so by (a) notifying Netatmo at any time and (b) closing your accounts for the Services which you use.
10.3 Netatmo may, at any time, terminate its legal agreement with you if:
- b) Netatmo is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- c) the relationship between Netatmo and partner with whom Netatmo offered the Services to you has been terminated or the partner has decided not to offer the Services anymore; or
- d) Netatmo is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services, for example in case the Services, in Netatmo's sole opinion, is no longer commercially viable.
10.4 Without prejudice to the above, Netatmo reserves the right, in its sole discretion, to restrict, suspend, or terminate parts of the Services or their Content at any time and for any reason without prior notice or liability. Netatmo reserves the right to change, suspend, or discontinue all or any part of the Services or their Content at any time without prior notice or liability.
You understand and agree that some of your UGC, such as that displayed outside your profile, in any part of the Site, or on any social platforms, may continue to appear on the Site or on other social platforms even after your UGC is removed from the Site or your account is terminated.
11. User Must Comply with Applicable Laws.
11.1 Those Services are hosted in France. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of France. If you access the Content or Services from outside of France, you do so at your own risk. Whether inside or outside of France, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
11.2 France controls the export of certain products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You shall be liable for compliance with the laws regarding the import, export, or re-export of the Content.
Apple, the Apple logo, iPhone, iPad and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
The section headings are provided merely for convenience and shall not be given any legal import.
Any information submitted or provided by you to the Services might be publicly accessible. Important and private information should be protected by you. Netatmo is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.
Effective: Jan 1, 2012 (updated June 30, 2014)
1. Protection of Personal Data according to law
The collection and processing of the Personal Data, done when you use the Services are carried out according to Law 78-17 of 6 January 1978 relating to information technology, files and freedoms, known as the 'Information Technology and Freedoms Act', as amended. Netatmo has declared to the CNIL, the French Data Protection Authority, that it processes Personal Data (number: 1529383 and 1529485). You have the right to access, amend, correct and eliminate data concerning you at any time. To exercise this right, you need only send your request by post to the address of Netatmo's registered office:
892 rue Yves Kremen
2. Information We Collect:
When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:
- Personal Data that you provide through registration to or usage of Netatmo's Services: We collect Personal Data when you register through the Site or the Mobile Software and create an account. This Personal Data includes email and Netatmo account password. Except in connection with your order to purchase a product through the Site, we do not collect any credit card or other financial account information. We also collect information when you set up Netatmo's Product such as the set up location. We collect Personal Data and Measurements when you use Netatmo's Products and Services. We may also collect Personal Data or Measurement through automated means we use to monitor or work the Services, such as but not limited to information about your Product, its capabilities and applications, the way you use it, your activities on/with the Services, your IP address, your browser, etc.
- Personal Data That You Provide through other use of the Services: We also collect Personal Data when you access the Netatmo Services and/or other parts of the Site and elect to provide Personal Data through the Site. For example, we collect Personal Data when you complete a survey, register for a promotion or special offer, send us an e-mail message, participate to an online forum or community or customize the Services.
3. Other Information, cookies:
4. Our Use of Your Personal Data and Other Information.
We use your Personal Data and Measurements for the purpose for which it was provided, including without limitation for the purposes described further below:
- Provision and Monitoring of the Services: We will use your Personal Data to provide you with access to and support your use of the Services and to monitor your use of the Services. As part of the Services, we may use your Personal Data to provide you with personalized analysis and advices. We will also give you the opportunity to store, review and edit Personal Data and other information on the Site.
- Surveys, Contests and Other Special Offers: From time to time, we may offer our users the opportunity to participate in surveys, contest and other special offers. If you provide u with Personal Data in this respect, we will only use that Personal Data for that particular purpose.
- Questions and Requests: If you contact us by e-mail or otherwise, we will use the Personal Data you provide to answer your question or resolve your problem.
- Contacting You About Products, Services and Events: With registration to the Netatmo Services you agree that from time-to-time Netatmo may use your Personal Data to contact you in the future to tell you about products, services and events that may be of interest to you. Those communications will be provided with the possibility to Opt-out anytime on simple request.
- Research and Data Analysis: In an ongoing effort to better understand and serve the users of the Sites and Services, Netatmo often conducts research on its customer demographics, interests and behavior, as well as research on measurements performed by the Product. Those researches are based on de-identified data, Measurements and other information. This research may be compiled and analyzed on raw data or an aggregate basis, and Netatmo may share this de-identified data with advertisers, researchers, business partners, publications, and other third parties. This data will not identify you personally, therefore shall not constitute Personal Data.
- Service Improvement: We may use your Personal Data, aggregated Personal Data and other personally non-identifiable data collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services.
- Order Fulfilment: We may use your Personal Data collected through the Site to fulfill any orders you may place for products offered by Netatmo. Notwithstanding anything herein to the contrary, we will only use your credit card or other financial account information for order processing and fulfillment.
5. Our Disclosure of Your Personal Data and Other Information.
We consider your Personal Data and privacy to be a vital part of our relationship with you.
There are, however, certain circumstances in which your Personal Data and Measurements may be shared with and use by certain third parties without further notice to you, as set forth below:
- Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
- Netatmo Internal Operating Functions: Netatmo, like many businesses, sometimes hires other companies to perform certain internal operating functions, such as mailing information, maintaining databases, auditing the Services, etc. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function and such information is solely use for Netatmo’s own internal purpose.
- Legal Requirements: Netatmo may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Netatmo, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
- Third Parties Upon Opt-In: With registration to the Netatmo Services you automatically Opt-in and allow us to share your Personal Data or Measurement with third parties who may also contact you about its products, services and/or events that may be of interest to you. Those communications will be provided with the possibility to Opt-out anytime on simple request.
- Third Parties Upon User Action or Authorization: If you choose to share your Personal Data or Measurements on other platforms than the Site such as, but not limited to, social networking websites, or to make publicly available on the Site your Personal Data or Measurements to other users and third parties, you must be aware that those Personal Data and Measurements you have chosen to share will be available for use to to any third party.
- Third Party Partner, Distributor/Reseller And Associated Features: In some cases, you may have acquired a Netatmo product through a third party partner, distributor or reseller of Netatmo products, who may have bundle those products with its own features, such as applications. Such associated features may require all or part of your Personal Data or Measurement to provide you with all or part of its functionalities. With registration to the Netatmo Services for such products, you automatically Opt-in and allow us to share your Personal Data or Measurement with such third parties. This sharing of Personal Data or Measurement will be provided with the possibility to Opt-out anytime on simple request. In case of Opt-out, you hereby expressly acknowledge and agree to waive any claim against Netatmo with respect to the disrupted operation of the third party's associated features or of Netatmo product due to the Opt-out. In addition, you must be aware than once the sharing of information took place, the third party will be solely liable towards you for its own use of your Personal Data or Measurement, either before or after you Opt-out.
- De-identified Personal Data: As described above, we may share information based on your Personal Data but not in the form of Personal Data. For exeample, we may share aggregated, in raw form or de-identified data with advertisers, researchers, business partners, publications, and other third parties.
6. Your Choices.
You can use the Site without providing any Personal Data. However, if you choose not to provide any Personal Data, you may not be able to use certain areas of the Site and/or certain Netatmo Services and Products. You will have the choice as to whether or not you wish to be contacted by us and/or by any third parties with offers for products, services and/or events that may be of interest to you. You can control these choices at the My Account section of the Site.
8. Links to Other Web Sites.
Netatmo takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail and/or Internet transmission. Please keep this in mind when disclosing any Personal Data through the Site.
10. Other Terms and Conditions.
12. Access to Information; Contacting Netatmo.
NETATMO ONE (1) YEAR LIMITED WARRANTY.
Effective: Jan 1, 2012 (updated January 30, 2012)
Netatmo (SAS) warrants the product hardware components ('Product') against defects in material and workmanship when used in accordance with Netatmo's documentation ('Documentation') for a period of ONE (1) YEAR after the date of original retail purchase ('Warranty Period') from Netatmo or Netatmo's authorized reseller by the end-user purchaser ("Customer" or "you").
1. APPLICABLE PROVISIONS IN THE EVENT OF A BREACH OF LIMITED WARRANTY
If the Product fails to conform to the Limited Warranty, Netatmo will, at its sole discretion and upon your submission of a valid claim to Netatmo (i) use commercially reasonable efforts to repair the defective Product with new or refurbished hardware functionally equivalent to the Product being repaired; (ii) replace the defective Product with a Product equivalent to new in performance and reliability; or (iii) exchange the defective Product for a refund of the Product's purchase price. A returned or repaired Product will be replaced under the terms of the Limited Warranty for the remaining Warranty Period, or ninety (90) days, whichever period is longer. This Limited Warranty is not transferable from Customer to subsequent Product owners, and the Warranty Period will not be extended for any such transfer.
2. CONDITION OF APPLICATION
Netatmo's warranty obligations are conditioned on Customer (i) notifying Netatmo through the contact information available at http://www.netatmo.com during the Warranty Period of any failure of the Product to meet the Limited Warranty, including a detailed description of the alleged failure, (ii) otherwise complying with Netatmo's then-current (see General Sales Conditions section "9. Right to cancel and return policy"), (iii) shipping, at Customer's cost, the affected Product to Netatmo for repair or replacement, and (iv) providing Netatmo with valid proof of purchase.
If Netatmo determines, after analysis of a returned Product, that the Product is an Ineligible Product (see Document and Section of Included Documentation), Netatmo will no longer have warranty obligations. Netatmo will bear all costs of return shipping to Customer, except with respect to any Ineligible Product, for which Customer will bear all shipping costs.
Netatmo will have no warranty obligation with respect to the following circumstances ('Exclusions') ('Ineligible Products'): (i) a Product that has no defects in materials or workmanship, (ii) Products with defects that are not reproducible by Netatmo, (iii) Products marked as 'sample' or sold 'AS IS', (iv) Products whose serial number has been defaced or removed, or (v) Products that have been subject to: (a) any modifications, alterations, repair, or servicing by any party other than Netatmo or Netatmo's authorized representatives; (b) handling, storage, installation, testing, or use not in accordance with the applicable Documentation; (c) abuse, negligence, neglect, accidents, abuse or misuse; (d) any breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) any Acts of God, including fire, flood, tornado, earthquake, hurricane, excessive snow, lightning, riot, insurrection, act of war or other disaster.
4. WARRANTY DISCLAIMER
EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS LIMITED WARRANTY, THE PRODUCTS ARE PROVIDED ON AN 'AS IS' BASIS, AND NETATMO DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. NETATMO DOES NOT WARRANT THAT OPERATION OF THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE PRODUCTS WILL IN EVERY CASE PROCESS ALL DATA CORRECTLY.
5. LIMITATION OF LIABILITY
5.1 IN NO EVENT WILL (a) NETATMO BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCTS, EVEN IF NETATMO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (b) NETATMO'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO NETATMO OR NETATMO'S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. NETATMO DISCLAIMS ALL LIABILITY OF ANY KIND OF NETATMO'S SUPPLIERS.
5.2 THE NETATMO ONLINE SERVICES ('SERVICES') PROVIDE YOU INFORMATION ('PRODUCT INFORMATION') REGARDING INDOOR AND OUTDOOR MEASUREMENTS. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, 'AS IS', AND 'AS AVAILABLE'. NETATMO DOES NOT REPRESENT OR WARRANT THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND NETATMO DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT.
6. CONSUMER PROTECTION
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS LIMITED WARRANTY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.