TERMS OF USE and SAFETY INFORMATION

Last updated and effective as of: February 18, 2022

This Website, www.swissarmy.com and www.victorinox.com (the “Website”), is owned and operated by Victorinox Swiss Army, Inc. (“Victorinox”, “We” or “Us”). Victorinox offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. This Website is intended for users in the United States only.

By accessing or using any part of the site, you agree to be bound by these Terms of Use. These terms of use are subject to change by us at any time, effective when posted on the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes will constitute your acceptance of such changes. 

If you are having trouble accessing the terms of use or other sections of this Website, please contact us: 

In United States: (800) 442-2706 

M-F, 9 am-5 pm (EST)

consumerinquiries.us@victorinox.com

The images, code, graphics and other media made available by Victorinox on this Website solely for your personal, non-commercial use. Other than temporary downloads as necessary to access this Website (which will only be stored as long as is necessary for such access), the Materials on this Website may not be copied, distributed, downloaded, transmitted, modified, posted, published, reproduced, reused, republished, reposted, uploaded, displayed, sold, publicly performed, or otherwise used without the expressed written permission of Victorinox.

All Materials included on this site are the property of Victorinox or its content suppliers and protected by U.S. and international copyright laws. The collection, arrangement and assembly of all Materials on this Website is the exclusive property of Victorinox and is protected by U.S. and international copyright laws. All software used on this Website is the property of Victorinox or its software or content suppliers and protected by U.S. and international copyright laws.

The use of the Materials on any other Website or in a networked computer environment is prohibited.

You must be at least 18 years of age and the age of legal majority in your place of residence in order to register with the Website or make any purchases. By agreeing to these Terms of Use, you represent that you are at least the age of majority in your place of residence. 

A breach or violation of any of the Terms will result in an immediate termination of your use and legal action. 

  

The Website is available only to individuals/entities able to form legally binding contracts under applicable law. Without limiting the foregoing, Victorinox services are not available to minors. Victorinox may refuse access to the Website to anyone at any time and reserves the right, at our sole discretion, to terminate one’s ability to access the Website and/or any other product of service provided.

This Website, related domains, and materials included on this Website may be used only for lawful purposes by persons/entities seeking (or supporting) our products or services in a lawful manner. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any unauthorized purpose or manner. It is your responsibility to ensure that your use of the Website complies with these Terms of Use and to seek prior, expressed, written permission from Victorinox for any uses not permitted or not expressly specified in these Terms of Use. 

You may use this Website without registration, but creating an account makes purchasing easier, as it enables us to stay in contact with you. Your account is for your sole, personal use; you may not authorize others to use your account; and you may not assign or transfer your account to any other person/entity. Victorinox may suspend or terminate your access at any time with or without notice.

  

You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data submitted to or published via the Website by you; (ii) comply with all applicable laws (including but not limited to export laws) in using the Website; and (iii) use the Website solely in accordance with online user guides/instructions made available on/through the Website. You shall not disclose or share any ID(s) and password(s) used to access this Website. You are responsible for all activity that occurs under your ID(s) and password(s). You agree to notify Victorinox promptly upon becoming aware of any unauthorized access or use of the Website by any party. 

You agree not to: (a) Use or access the Website for any purpose that is unlawful or prohibited by the Agreement or display, transmit or otherwise make available on or through the Service material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another's privacy or violative of third party privacy rights; (b) Use or access the Website to solicit others to perform or participate in any unlawful acts; (c) Use or access the Website to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) Use or access the Website to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Service; (f) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Victorinox without express written consent; (g) Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Victorinox or any of our third party licensors without the express written consent of Victorinox; (h) Use or access the Website in a manner that could damage, disable, overburden, or impair any Victorinox server or the networks connected to any Victorinox server; (i) Interfere with any third party's use and enjoyment of the Service; (j) Use or access the Website to collect or track the personal information of others (k) Attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to any Victorinox server through hacking, password mining, or any other means; (l) Sublicense any license granted in or to materials on the Service (whether or not any of such acts are for commercial gain or advantage); (m) Access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Services; (n) Use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website; (o) Use any manual process to monitor or copy any of the material on the Website, or for any other unauthorized purpose without Our prior consent; (p) Introduce viruses, Trojan horses, worms, logic bombs, or other material which is malicious to technologically harmful; or (q) Resell use of, or access to, the Website to any third party. 

We reserve the right to terminate your use of the Service or any related Website for violating any of the unauthorized uses.

The inclusion of any products or services on the Website does not imply or warrant their availability at any particular time or that the listed attributes are accurate or complete. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, Victorinox retains the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. Further, we do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Website by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Website. In addition, we may make changes to information about price, availability or other product attributes without notice.

We offer personalization for certain products. You are responsible and liable for ensuring that your personalization does not infringe any third party rights. Customer participation in product personalization indemnifies and protects Victorinox from responsibility for infringement on third party rights. Victorinox is not responsible for any infringement of third party rights. You are fully responsible for the proper provision of personalization orders. It is strictly forbidden to use language that is coarse, discriminatory, racist, sexist or which glorifies violence. Victorinox reserves the right to cancel orders that are not in line with these provisions or that may bring harm our brands, products or reputation. 

Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. By placing an order, you represent that the products ordered are legal to possess/use where you intend to possess/use them and will be possessed/used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law. We may require additional verifications or information prior to acceptance and/or shipment of any order. If we reject, limit, or otherwise modify your order, we will attempt to notify you via e-mail or phone call. If we cancel an order or any part of an order for which we have already charged you, we'll refund the full amount of the canceled portion of the order. Please also review our shipping terms and return policy in the sections below.

Knives and implements can cause serious injury. Use, sharpen and care for them carefully and responsibly and only for the purpose for which they are intended. For example, never use a knife blade as a pry bar. Keep out of the reach of children and exercise parental supervision at all times.

Prices shown on swissarmy.com/us and victorinox.com/us are displayed in U.S. currency and are valid only in the United States. Prices are subject to change at any time without notice. 

You agree to provide current, complete and accurate purchase and account information for all purchases made with Victorinox. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed. 

Consumers in select states will see an estimate of applicable sales tax on their order confirmation. This amount is derived from fluctuating sales taxes across all affected states. The amount that appears on your order confirmation may be slightly different than the amount you are charged during the final transaction. 

  

Please allow 48 hours to process and ship your order. For all personalized orders, please allow an additional 3-5 business days to build your product prior to shipping. Actual delivery time will vary based on shipping method. Shipping within the United States are charged at the rates listed below. Returns are free of charge. 

Ground: $9.00

2-Day: $17.00

Next Day: $21.00

Please Note: Fragrances are shipped exclusively via ground. 

Shipping to addresses associated with the US military is available. On the shipping page, enter the APO or FPO in the “City” field and select one of these choices from the “State” drop-down menu: AA for Armed Forces of America; AE for Armed Forces Europe; AP for Armed Forces Pacific

Your tracking information will be provided in your shipping confirmation email. Use this tracking information to track the shipment via our provided tracking page. Registered customers will find a link to the order tracking number under “My Orders.”

Please Note: Shipping estimates are subject to change without notice based on promotions, personalized orders, etc.

Damage during shipping is rare, but you should always check for evidence of damage or loss before signing for any shipment. Do not accept any shipment that has apparent damage until the carrier notes and acknowledges such damage in writing. Keep original packing materials until equipment has been fully examined in operation. You are responsible for filing all claims for damages directly with the carrier. If you experience problems with your shipment, please contact us at (800) 442-2706.

Victorinox assumes no responsibility or liability for shipping errors or shortages discovered or reported later than 30 days after receipt of shipment from the carrier. 

You can return any item ordered, other than a personalized order, from the online shop within 30 days of receipt. In the case of damaged or defective item, please contact our customer care team immediately at (800) 442-2706. 

A “personalized order” refers to any order created and ordered via the Victorinox Custom Program. 

Personalized orders may not be returned.

Any use or damage by you, or damage due to your improper repackaging, may result in further charges as necessary to place the returned items in a condition that will allow them to be resold; or in the rejection of the returned goods by Victorinox. 

Once you have completed the online return process, a return form will become available to print and enclose in your parcel sent with the delivery. Use this to return the goods free of charge. Expect to receive notification of a successful return after the warehouse has received and processed your request. 

In order that we can process your return quickly, please note the following: 
1. Complete our online return form
2. Always use the original product packaging 
3. Label your package with our pre-paid UPS shipping label

Returned items must be accompanied by the original labels and fastenings, and should be in a state expected after normal usage in inspecting and trying on the product. Victorinox is unable to sell any returned items with a strong odor or other signs of use. We reserve the right to assert claims for compensation in such cases. 

Victorinox will process your refund as quickly as possible. If after examination of your return there will be a credit in your favor, we will refund the amount immediately to the credit card used when ordering. You will be notified about your successful return by e-mail. Please allow two billing cycles for this credit to appear on your credit card statement. 

A cancellation on the Website is not possible. If you wish to cancel your order, please contact our Customer Service team immediately at 1-800-442-2706 or via e-mail (consumerinquiries.us@victorinox.com) so we can determine whether or not cancellation is possible. If your order is already in order picking, a change or cancellation is not possible. 

Victorinox guarantees all knives and tools to be of first-class stainless steel and also guarantees a lifetime against any defects in material and workmanship (with the exception of electronic components, which are guaranteed for two years). Damage caused by normal wear and tear, misuse or abuse are not covered by this guarantee.

Your Victorinox Travel Gear product is backed by that same commitment to excellence and performance as the Original Swiss Army Knife.

Each Victorinox Travel Gear design is subjected to as many as 30 rigorous tests, simulating the most extreme real-world scenarios and environmental conditions. Our testing regimen ensures the precision, strength and durability you expect from the Victorinox brand. A certified technician meticulously inspects each individual Travel Gear piece being it is packaged. As a result, we guarantee every product we make to be free from manufacturing defects for the duration of the warranty period. In the unlikely event that your product displays defect of a functional nature covered under warranty, a global network of Authorized Service Centers stands ready to provide you with service anywhere in the world.

Furthermore, Victorinox understands that product wear and tear over time or under frequent use is inevitable and can be expected. While our warranties do not cover natural wear and tear, we do keep an inventory of replacement parts and, whenever possible, we will gladly repair damage resulting from wear and tear for a nominal fee.

Victorinox, or its licensors, are the exclusive owners of all designs, products, information and all copyrights, trademarks, and other intellectual property or proprietary rights contained on or used in connection with the Website. Except as set forth herein or authorized by Victorinox, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials or a legal right to do so. 

The Victorinox Cross & Shield, Victorinox® and Swiss Army® are separate trademarks owned and registered by Victorinox AG, Ibach, Switzerland and its related companies. All rights not granted under these Terms of Use are reserved by Victorinox.

Victorinox may permit you to post ratings, reviews or otherwise share your thoughts or content in a public manner on the Website (“User Content”). You hereby grant us a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile, distribute or otherwise exploit any User Content posted or transmitted by you to or through any service on the Website. We may also use your name or the screen name associated with the User Content. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

Many different parties may post reviews and other content to the Website. Such postings are the opinions of the individual authors of such materials, and do not reflect the opinions of Victorinox. We are not obligated to screen or monitor User Content, but may do so from time to time at our sole discretion to review compliance with these Terms of Use. 

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. 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 Service 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 third parties 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. We may make all determinations as to what User Content is appropriate in our sole discretion. We may include, edit or remove any User Content at any time without notice. 

Victorinox respects the intellectual property rights of authors. To assist copyright owners, we have appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with the Website. If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:

(i)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;

(iii)  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv)  Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

(v)  A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following email or US Postal address: 

Attn: Copyright Agent 

Victorinox Swiss Army Inc. 

7 Victoria Drive 

Monroe, CT 06468 United States 

The information in the Website may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected. We reserve the right to refuse to fill any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. 

We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Website, at any time with or without notice and with or without cause. You understand and confirm that your obligations under these Terms will continue to apply to you even if we terminate your right to use this Website. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. 

This Website may contain links to other Websites not maintained by us, such as third party sites where you can buy Victorinox products. We encourage you to be aware of when you leave our Website, and to read the terms and conditions and privacy statements of each and every Website that you visit. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties. 

The existence of a link between this Website and any other Website is not, and shall not be, understood to be an endorsement by us of the other Website or their non-Victorinox products. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN NO EVENT SHALL WE BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE GREATER OF (I) THE FEES PAID FOR A SPECIFIC PRODUCT PURCHASED BY YOU THROUGH THE WEBSITE OR (II) TEN DOLLARS ($10).

Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of this Agreement may not apply to you. 

You agree to defend, indemnify and hold Victorinox Swiss Army, Inc. harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your User Content, (iii) your use of materials or features available on the Website or products purchased through the Website (except to the extent a claim is based upon infringement of a third party right by materials created by us or our violation of applicable law) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. 

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. 

The laws of Connecticut shall govern these Terms of Use. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and the Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.

While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms of Use, or the purchase of any products or services ("Claims") shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply Connecticut law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association

www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association, which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Use, in which case these Terms of Use will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration. 

There has been an increasing trend in using arbitration as the default dispute resolution method to avoid class actions. The FTC has also expressed its preference for arbitration and more consumer friendly language. The AAA will also not enforce arbitrations against consumers unless there is consumer-friendly language in the terms. These provisions have been approved by the AAA.

Technically, the AAA wants you to register your arbitration clause and get it preapproved (and pay a fee for registration), but they will generally allow approval right before the arbitration occurs, assuming clause is adequate. Please let us know if you want to have it preapproved.

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.