Terms of Use

The information provided on this Website is intended for general information and educational purposes only and is subject to the following terms and conditions (collectively referred to herein as the "Terms of Use").

The terms "you," "your", or "yours" refers to each individual user of this Website and, if applicable to your use, your employer, company, and/or firm. By accessing or using this Website, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use. If you disagree with the Terms of Use, the Website's Privacy Policy or dissatisfied with this Website, your only remedy is to discontinue using this Website.

Duchesnay USA, Inc. – the Website sponsor (referred to herein as the "Site Sponsor") – reserves the right, in its sole discretion, to change the Terms of Use at any time by posting the changes on the Website. Any changes are effective immediately upon posting. Your continued use of the Website constitutes your agreement to all modifications and terms within the Terms of Use and, if applicable, the Privacy Policy.

No Warranties; Limitations of Liability

The Site Sponsor makes all reasonable efforts to include accurate and up-to-date information on this Website but makes no warranties or representations of any kind as to its accuracy, currency, or completeness. You agree that access to and use of this Website and the content thereof is at your own risk. As such, the Site Sponsor, including without limitation its respective directors, principals, corporate officers, employees, agents, and representatives, are not responsible for any errors, omissions, inaccurate information, or for the results obtained from the use of this Website. All information on this Website or any other aspect of this Website or any content on or accessed through this Website for any purpose is provided "AS IS" and "AS AVAILABLE," with no guarantees of completeness, accuracy, timeliness, suitability, and without warranty of any kind, express or implied, including but not limited to, warranties of performance, merchantability, fitness for a particular purpose, title and non-infringement, unless and to the extent such representations and warranties are not legally excludable. In no way whatsoever will the Site Sponsor, its related alliances, affiliates, agents, or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Website or for any direct, indirect, incidental, special, exemplary, consequential, or other damages whatsoever (including, but not limited to, liability for interruption of business, loss of use, data or profits), even if advised of the possibility of such damages and without regard to the form of any action arising out of or in connection with this Website, any content on or accessed through this Website, or any copying, display, or other use thereof.

Certain links in this Website may connect to other websites maintained by third parties that may or may not be presented within a frame on the Website. The Site Sponsor has not verified the contents of such third party websites and does not in any way whatsoever endorse, warrant, promote, or recommend any services or products that may be provided or accessed through them or any person or body which may provide them.

Copyright/Trademark

You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including the text, images, audio, or video, without the written permission of the Site Sponsor. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted and may not be used, except as provided in the Terms of Use or in the text on the Website, without the written permission of the Site Sponsor. The Site Sponsor neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by, or affiliated with, the Site Sponsor.

Reproduction of any material contained in this Website is prohibited without prior written permission from the Site Sponsor. However, permission is granted to copy pages for personal, non-commercial use, provided that the reproduced pages are reproduced in their entirety as appropriate and include all copyright and proprietary notices.

Copyright protection extends to all material contained on this Website (including all software, HTML code, Java applets, Active X controls, and other code(s)). Except as otherwise expressly provided above, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, reverse engineer, redistribute, transfer, or sell any material contained on this Website without the prior written consent of the Site Sponsor.

Trademarks, trade names, logos, and service marks (collectively, "Trademarks") which appear on this Website may be registered and unregistered Trademarks of the Site Sponsor and others. You should assume that all trademarks, logos, designs, slogans, and trade dress appearing on this Website, whether or not appearing in large print, italics, or with the trademark symbol, are owned by the Site Sponsor or its affiliate companies, or are used under license. This Website may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of the Site Sponsor and/or other parties. No license to, or right in, any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of the Site Sponsor and/or other parties is granted to, or conferred upon, you. As such, nothing on this Website shall grant in any way any license to use any Trademark which appears on this Website without the advance written permission of the Site Sponsor or the other Trademark owner. Your use of any Trademark contained on this Website, or any other material contained on this Website, except as expressly permitted by these Terms of Use, is strictly prohibited.

Limited Personal Use License

Nothing contained in these Terms of Use should be construed as conferring by implication, estoppel, or otherwise any license or right to any Intellectual Property of the Site Sponsor, or any third party. However, the Site Sponsor does grant you a limited, revocable, and non-exclusive license to access and make personal use of this Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without the Site Sponsor's prior written consent. The limited license set forth herein does not include the right to: (i) copy, modify, or download, other than as expressly permitted, the Website or its provided content (except caching or as necessary to view the content); (ii) make any use of the Website or its content other than for your personal informational purposes, and if applicable, for informational purposes for you to share with your physician; (iii) create any derivative work based upon either the Website or its content; or (iv) use any meta tags or any other "hidden text" utilizing the name of the Site Sponsor without its written consent.

Indemnification

You agree to indemnify, defend, and hold the Site Sponsor, its officers, employees, directors, merchants, licensors, agents, and third-party suppliers harmless from and against any and all losses, claims, expenses, damages, costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use, or any activity you undertake in accessing this Website (including negligent or wrongful conduct).

Medical Information

The information on this Website is neither intended nor implied to be a substitute for professional medical advice, or is it intended to be used by patients for the diagnosis or treatment of any medical condition or disease. This Website is provided solely as a disease state awareness educational tool. It is not intended, and must not be taken to be, the provision or practice of medical, nursing, or professional healthcare advice, or services in any jurisdiction. Always seek the advice of your physician or other qualified health provider before starting or stopping any treatment or if you have any questions regarding a medical condition.

Exercise and Nutritional Health Disclaimer / Assumption of Risk

All exercises and other forms of physical activity can be dangerous, especially if performed without medical advice, proper supervision and/or pre-exercise evaluation. The videos, techniques, ideas, and exercise suggestions presented on in this website are not intended to be professional training advice.

Always consult a qualified medical professional before beginning any nutritional program or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Any content or information provided by this Website is for informational and educational purposes only and any use thereof is solely at your own risk.

All exercises you perform or nutritional habits you adopt, you perform or adopt at your own responsibility and at your own risk. The Site Sponsor makes no warranty of any kind in regard to the contents of the exercise and nutritional information contained on this Website, including, but not limited to, any implied warranties of merchantability or fitness for any particular purpose.

Linking

This Website may contain links to, or be accessed from links on, other world wide websites. The Site Sponsor does not have responsibility for or control of the contents, availability, operation, or performance of other websites to which this Website may be linked or from which this Website may be accessed. Such links are provided merely as a convenience. The Site Sponsor makes no representation regarding the content of any other websites which you may access from this Website. These external websites are governed by their own terms of use and privacy policies.

Additionally, this Website may contain links to third-party interactive social media webpages, some of which may be facilitated by the Site Sponsor. While, Morning Sickness USA and Duchesnay USA may control some of the content on such third-party interactive social media webpages, they cannot and do not warrant the information contained on any such webpages for accuracy or completeness due to the interactive nature of the webpage. Third-party websites are controlled by different terms of use and privacy policies and you are encouraged to view these policies before using the site linked to. As always, the information contained on any such interactive social media webpage is neither intended nor implied to be a substitute for professional medical advice or used by patients for the diagnosis or treatment of any medical condition or disease.

Privacy

The Site Sponsor respects the privacy of all of its customers and Website users. Please see the Site Sponsor's Privacy Policy which explains users' rights and responsibilities with regard to privacy.

Scope of Information Provided

The Website contains information about products that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Although accessible by others, the U.S. information on this Website is intended for use by U.S. residents only.

Governing Law/Disputes

With respect to any dispute regarding this Website, your rights and obligations and all actions contemplated by these Terms of Use shall be governed solely by U.S laws – specifically the Commonwealth of Pennsylvania – as if the Terms of Use were a contract wholly entered into and wholly performed within Pennsylvania. Any dispute initiated against the Site Sponsor relating in any way to your visit to the Website shall be submitted to confidential arbitration before a single arbitrator in Philadelphia, Pennsylvania. However, to the extent you have in any manner violated or threatened to violate the Site Sponsor's intellectual property or other ownership rights under federal or state law, the Site Sponsor may seek injunctive or other appropriate relief in the Commonwealth of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be administered by JAMS, Inc. and governed by JAMS' then-prevailing rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole. The Site Sponsor will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the Site Sponsor's original objectives and intent as reflected in the original provision.

Severability

If any provision of these Terms of Use is found to be void, unlawful, or unenforceable, then such provision shall be severable without affecting the enforceability of the remaining provisions of these Terms of Use.

Talk to your healthcare professional about your morning sickness symptoms and options that are safe for you and your baby.