Introduction 

Welcome to https://www.dhlifelabs.com. This website is owned and operated by Dernier & Hamlyn, Inc. and its affiliates (together, “Dernier & Hamlyn”, “we”, “us”, or “our”). 

IMPORTANT: Please take a few minutes to review these terms and conditions (“Terms”, or “Agreement”). The Terms apply to your visits to, interaction with, access and use of https://www.dhlifelabs.com and other websites, mobile sites, services, applications, platforms and other tools where these terms appear or are otherwise referenced, or for which no separate terms are provided (collectively, the “Site”). The Terms constitute a legally binding agreement between Dernier & Hamlyn and an individual who visits, interacts with, accesses, and uses the Sites (“User”, you”, or “your”). 

ARBITRATION NOTICE: THE TERMS CONTAIN AN ARBITRATION PROVISION THAT REQUIRES YOU AND Dernier & Hamlyn TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT. IN ARBITRATION, CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED. PLEASE SEE SECTION 10.2 BELOW FOR MORE DETAILS RELATING TO DISPUTE RESOLUTION. 

By visiting, interacting with, accessing or using the Site and/or by clicking “I Agree” (or similar button), you acknowledge that you have read and understood these Terms and you accept and agree to be bound by them in full. Any sale through this Site is conditioned upon your acceptance of the Terms. IF YOU DO NOT ACCEPT THESE TERMS, THEN PLEASE DO NOT USE THE SITE. 

Notice. If you have any questions for the terms of the Agreement, please contact Dernier & Hamlyn through our customer experience center at 1-877-548-9722 (9 a.m. – 6 p.m., CST, Monday – Friday), by email at helpUS@dhlifelabs.com or by mail 720 Northgate Parkway, Wheeling, IL 60090. 

Entire Agreement. These Terms and the privacy policy referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Site and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Site, or any other information or materials on the Site in violation of such laws or these Terms. Any waiver of any provisions contained in these Terms by Dernier & Hamlyn shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any rights not expressly granted herein are reserved. 

I. IP Rights 

The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. All merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials), code and software used on or incorporated into this Site and the arrangement or integration of all such content, graphics, code and software (“Contents”), are subject to copyrights held by or licensed to Dernier & Hamlyn and all rights thereto are specifically reserved. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Dernier & Hamlyn. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission to use or access our Site terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Dernier & Hamlyn’s written permission, 

• “Frame” or “mirror” any material contained on this Site on any other server, or otherwise incorporate any portion of the Sites into any product or service. 
• Harvest or collect information about users of the Sites. 
• Systematically download and store any Contents. 
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Contents, or reproduce or circumvent the navigational structure or presentation of the Sites, without Dernier & Hamlyn’s express prior written consent. 

Any unauthorized use of any Contents may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 

www.dhlifelabs.com, as well as other Dernier & Hamlyn logos, marks, trade names, page headers, graphics, buttons, images and other content on this website, are subject to trademark, service mark, copyright and or other proprietary or intellectual property rights or licenses held by Dernier & Hamlyn. Other trademarks, product names, and company names or logos used on this website are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Site is strictly prohibited. 

II. Privacy 

Our Website Privacy Policy, which is incorporated into these Terms by reference, governs your submission and our use of personal information through this Site. By submitting your personal information to us, you consent to us processing (either directly or through third-party service providers) your information in accordance with our Website Privacy Policy. 

III. Your Use of the Site 

To be eligible to use the Site, you must: 

1. Be at least eighteen (18) years of age and able to enter contracts; 
2. Agree to the Terms; and 
3. Provide true, complete, and up-to-date information necessary for the Site to process your inquiries and feedback. 

By using the Site, you represent and warrant that you meet the requirements listed above. You also represent and agree that all information you provide in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge. 

3.1 Dernier & Hamlyn grants you a limited, non-exclusive, and non-transferrable right to use the Site and to access the content and Services. 

3.2 As a condition to your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or for any use prohibited by our Terms. You agree that you will not (and will not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble any portion of the Site, or otherwise attempt to discover any source code for the Site. You also agree not to reproduce, modify, adapt, translate, create derivative works of, sublicense, sell, lease, assign, grant any security interest in, exploit any portion of (or any use of), or otherwise transfer any right in or access to the Site, or use the product for other commercial purpose (that is not authorized by Dernier & Hamlyn). Unless otherwise permitted by Dernier & Hamlyn in writing, you agree to only use the Site in the system platform and terminal approved by Dernier & Hamlyn as compatible with the Site’s configuration. 

3.3 You agree not to interfere with or disrupt the operation of the Sites or the systems, servers, or networks used to make the Sites available, including by hacking or defacing any portion of the Sites; or violate any requirement, procedure or policy of such servers or networks. You will not use the Sites or Dernier & Hamlyn’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Dernier & Hamlyn trademark, logo, URL, or product name without Dernier & Hamlyn’s written consent. 

3.4 Dernier & Hamlyn and its suppliers may change, upgrade or transfer the Site or relevant functions from time to time, and may include new functions or services in the Site. If no separate agreements are accompanied with the above new functions or services, such functions and services are subject to these Terms. 

3.5 You shall be responsible for (i) the accuracy, reliability, integrity and completeness of inputted data; (ii) obtain the appropriate consent and authorization for providing the data in connection with your use of the Site; and shall back up your data and information from time to time, subject always to the terms in Disclaimer and Limitation of Liability; Indemnification sections below. 

3.6 You may choose to register for an account even though it is not mandatory. When you register for an account, you will be provided with a username and password to access the Site. You are responsible for keeping confidential your account number and password or any other piece of information utilized as part of our security procedure. You must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. If you become aware of any fraudulent or unauthorized activity on your Account, including any unauthorized access to or use of your username or password or any other breach of security, you shall notify the fraudulent or unauthorized activity to Dernier & Hamlyn in writing to the contact information listed in the “Notice” section above, and Dernier & Hamlyn will assist you in taking relevant actions. You also agree to ensure that you will log out of your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Dernier & Hamlyn is not responsible for any losses arising out of the unauthorized use of your account. You agree that Dernier & Hamlyn does not have any responsibility if you lose or share access to the device that may grant access to your account. 

3.7 If you send creative ideas, suggestions, proposals, plans, feedback, reviews, or other materials, whether online, by email, or otherwise (collectively “comments”), you agree that Dernier & Hamlyn may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provide to us. Dernier & Hamlyn shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for comments; or (3) respond to comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party. 

IV. Third Party Materials 

4.1 You acknowledge that the Site and Services may include certain information, materials, services, or functionalities provided by a third party (“Third Party Materials”). 

4.2 Therefore, such Third-Party Materials (including materials, information, materials, or services) are those of the applicable third-party suppliers. Dernier & Hamlyn neither controls nor bears responsibility for information and services provided by such third-party suppliers, and do not represent or endorse the accuracy or reliability of any Third-Party Materials, or represent or warrant that your use of any Third-Party Materials will not infringe upon the rights of third parties not owned by or affiliated with Dernier & Hamlyn. 

4.3 To the extent the Site contains links to third-party websites, applications, and services that are not owned or operated by Dernier & Hamlyn, such Third-Party Materials may be subject to additional terms and conditions provided by such third parties. You should read those terms and conditions carefully before accessing such additional services. Dernier & Hamlyn is not responsible for the actions taken on any third-party websites and/or any content or services of such third parties. 

4.4 You acknowledge that Dernier & Hamlyn does not represent or warrant that services provided through the Site will not be interrupted, without omissions or error free, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet as well as factors beyond reasonable control of any party to the Agreement (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). You hereby agree to accept the foregoing risk and agree that Dernier & Hamlyn is free from any responsibility when services are adversely impacted by the occurrence of foregoing risks. 

V. Restrictions of Your Access and Use of this Site 

5.1 You shall use the Site for lawful purposes only. The following activities and use of Site are expressly prohibited: 

1) Issue or share computer viruses, worms, malicious codes, or software that deliberately damages or changes computer system or data. 

2) Upload any content that violates the rights of others, infringes upon any copyright, trademark, patent, or other IP rights, or violates any right of privacy or publicity. 

3) Use or attempt to use the Site that could damage, disable, overburden, or impair any server, or the network(s) connected to any server.

4) Upload any materials that is (i) false, fraudulent, inaccurate, or misleading, (ii) obscene, indecent, pornographic, or otherwise objectionable, (iii) derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Dernier & Hamlyn in its sole discretion. 

5) Use or attempt to interfere with any other users’ use and enjoyment of the Site. 

6) Use or attempt to access systems, data or information not intended by Dernier & Hamlyn to be made accessible to a user. 

7) Upload contents that contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Dernier & Hamlyn, or otherwise violates any local, state, federal, or international laws or is otherwise tortious. 

8) Any use other than the purpose for which the Site was intended. 

5.2 You understand and agree that: 

1) Dernier & Hamlyn will determine, in its sole discretion, whether you are in breach of this Agreement and suspend or terminate your right to access or use the Site according to Termination sections below. 

2) Dernier & Hamlyn will remove information or materials submitted by you that, in Dernier & Hamlyn’s sole discretion, may be in breach of laws, or infringing others’ legal rights, in breach of the Agreement, may subject Dernier & Hamlyn to liability, or inconsistent with Dernier & Hamlyn’s purpose for this Site. 

3) If Dernier & Hamlyn and its suppliers suffer from any loss cost or expense (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) (“Damages”) due to your breach of relevant laws or these Terms, you shall be responsible for any damages and agree to compensate Dernier & Hamlyn and/or its suppliers for such Damages. 

VI. Disclaimer 

Warranty Disclaimer: Dernier & Hamlyn does not promise, covenant, represent, warrant, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal using the Site, or from using any product or service obtained in connection with use of the Site or purchased from this Site. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the Site, or that you access, use, download, or otherwise obtain on or through the Site or Services, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICES, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE SITE. YOUR USE OF THE SITE, USE OF ITS CONTENT AND/OR USE OF ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. 

WE PROVIDE ANY AND ALL SERVICES, PRODUCTS, CONTENTS, OR INFORMATION THROUGH THE SITE, INCLUDING THE PROGRAM ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TIMELINESS, SECURITY, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. 

VII. Purchases Through the Site 

7.1 When you have successfully submitted an order through our Site and we have received payment, you will receive an email confirming the details of your order. With purchase, you are given one revocable, worldwide, non-exclusive license to the product purchased. You do not have the right to sell, share or transmit the product to anyone.

7.2 The prices and availability of any products displayed on our Site are subject to change without notice. If applicable, sales tax will automatically be charged for your order. Dernier & Hamlyn reserves the right to deny a purchase for any reason at any time in its sole discretion.

7.3 Dernier & Hamlyn does not promise or guarantee the results or effectiveness of any product or service purchased from this website. Individual results may vary based on many factors and any results you may achieve through any product or service may be different than the results of another. Any testimonial or example used by Dernier & Hamlyn is not intended to represent or guarantee that you will achieve the same or similar results. 

VIII. Limitation of Liability; Indemnification. 

8.1 You understand that Dernier & Hamlyn, its corporate affiliate, employees, officer, directors, suppliers, or licensors will not assume responsibility for incidental, special, consequential, exemplary, or punitive damages of any kind or the loss of anticipated profits incurred or suffered by you arising out of or related to these Terms, even if advised of the possibility of such loss or damage. WITHOUT LIMITING ANY OF THE FOREGOING, DERNIER & HAMLYN’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS LIMITED TO $150.00, AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND AS USER’S SOLE AND EXCLUSIVE REMEDY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

8.2 You agree to defend (at Dernier & Hamlyn’s option), indemnify, and hold the Dernier & Hamlyn Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Dernier & Hamlyn Sites or any breach by you of these Terms. Dernier & Hamlyn reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Dernier & Hamlyn if and as requested by Dernier & Hamlyn in the defense and settlement of such matter. 

IX. Termination 

9.1 You agree to use the Site according to the terms of this Agreement. This Agreement is effective unless and until terminated by either you or Dernier & Hamlyn. You may terminate these Terms at any time, provided that you discontinue any further use of the Dernier & Hamlyn Sites. Dernier & Hamlyn reserves the right to terminate this Agreement or your use of the Site at any time for any reasons, and deny you access to the Dernier & Hamlyn Sites, in Dernier & Hamlyn’s sole discretion, in material breach of the Agreement. Upon any termination of this Agreement by either you or Dernier & Hamlyn, you must promptly destroy all Contents downloaded or otherwise obtained from the Dernier & Hamlyn Sites, as well as all copies of such Contents, whether made under the Terms or otherwise. 

9.2 Upon termination, Dernier & Hamlyn may immediately delete your password and username and all related information and files associated with it. 

9.3 Upon termination, sections for IP rights, Privacy, Third Party Materials, Disclaimer, and Limitation of Liability; Indemnification, and Termination, will remain in full force and effect, in addition to any other provisions that, by its terms, is intended to survive the termination of this Agreement. 

X. Miscellaneous 

10.1 Governing Law. This Agreement will be governed by and construed under the laws of the State of Illinois, without regard to conflicts of laws, principles or rules except to the extent that such law is pre-empted by or inconsistent with applicable federal law. 

10.2 Dispute Resolution. Notice of Dispute. In the event you intend to commence an arbitration proceeding, you must first notify Dernier & Hamlyn in writing at least 30 days in advance of initiating the arbitration by sending a letter to Dernier & Hamlyn’s physical address at: Dernier and Hamlyn Inc., Attn.: LEGAL NOTICE, 720 Northgate Parkway Wheeling, IL 60090. 

You and Dernier & Hamlyn agree to engage in good faith discussions in an attempt to amicably resolve your claim. The notice must provide your name, address, and telephone number; identify the product that is the subject of the claim; and describe the nature of the claim and the relief being sought. If you and Dernier & Hamlyn are unable to resolve the dispute within 30 days, either party may proceed to file a claim for arbitration. 

Agreement to Binding Arbitration and Class Action Waiver. Upon failure to resolve the dispute during the 30-day period after sending written notice to Dernier & Hamlyn, you and Dernier & Hamlyn agree to resolve any claims between us only by binding arbitration on an individual basis. Any dispute between you and Dernier & Hamlyn shall not be combined or consolidated with a dispute involving any other person’s or entity’s product or claim. More specifically, without limitation of the foregoing, any dispute between you and Dernier & Hamlyn shall not under any circumstances proceed as part of a class or representative action. 

Arbitration Rules and Procedures. To begin arbitration of a claim, either you or Dernier & Hamlyn must make a written demand for arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be conducted before a single arbitrator under the AAA’s Consumer Arbitration Rules that are in effect at the time the arbitration is initiated (referred to as the “AAA Rules”) and under the procedures set forth in this section. The AAA Rules are available online at www.adr.org/consumer. Send a copy of your written demand for arbitration, as well as a copy of this provision, to the AAA in the manner described in the AAA Rules. You must also send a copy of your written demand to Dernier and Hamlyn Inc., Attn.: LEGAL NOTICE, 720 Northgate Parkway Wheeling, IL 60090. If there is a conflict between the AAA Rules and the rules set forth in this section, the rules set forth in this section will govern. This arbitration provision is governed by the Federal Arbitration Act. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. All issues are for the arbitrator to decide, except those issues relating to the scope and enforceability of the arbitration provision and to the arbitrability of the dispute are for the court to decide. The arbitrator is bound by the terms of this provision. 

Arbitration Fees/Costs. If applicable law allows for an award of reasonable attorneys’ fees and expenses, an arbitrator can award them to the same extent that a court would. If the arbitrator finds either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all arbitration fees will be governed by the AAA Rules. In such a situation, you agree to reimburse Dernier & Hamlyn for all monies previously disbursed by it which are otherwise your obligation to pay under the AAA Rules. 

Arbitration Hearings and Location. If your claim is for $25,000 or less, you may choose to have the arbitration conducted solely on the basis of (1) documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as established by the AAA Rules. If your claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearings will be held at a location within the federal judicial district in which you reside unless we both agree to another location or we agree to a telephonic arbitration. 

The official language of this Agreement is English. Each party accepts and approves the English version of the Agreement as controlling in any dispute among the parties arising from or related to the Agreement. 

10.3 Severability. To the extent any portion of the Agreement is determined to be invalid by a court of competent jurisdiction, it will not affect the validity and enforceability of other terms or any part thereof. Then, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and the Agreement as so modified will remain in full force and effect. 

10.4 Entire Agreement. These Terms and the privacy policies referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Site and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Site, or any other information or materials on the Site in violation of such laws or these Terms. Any waiver of any provisions contained in these Terms by Dernier & Hamlyn shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any rights not expressly granted herein are reserved. 

10.5 Changes to the Terms 

You are bound by the version of the Terms in effect on the date you access the Site. However, we may change these Terms from time to time, and when we do, we will post them on the Site. It is your responsibility to review the Terms each time you use the Site to interact with us. Any use of the Site after such posting of the revised Terms shall constitute your acceptance of such updated Terms. If any change to these Terms is not acceptable to you, your sole remedy is to stop using the Site. The “Last Updated” legend above indicates when the Terms were last changed.