Terms of Use

Last Modified: January 1, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and Nicole’s Wine & Spirits, Inc. (d/b/a Century Liquor & Wines and referred to as “Century”, “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the Century websites https://ship.centuryliquorandwines.com/ and https://www.centuryliquorandwines.com/ (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, found at [ ], and our Shipping Policy, found at https://ship.centuryliquorandwines.com/pages/shipping-information, each incorporated herein by reference.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES CLAUSE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES INSTEAD OF CLASS ACTIONS OR JURY TRIALS.

If you do not want to agree to these Terms of Use, the Privacy Policy, or the Shipping Policy, you should not access or use the Website.

These Terms of Use do not apply to websites of any Century affiliated organizations, including but not limited to Wegmans Food Markets, Inc. (“Wegmans Affiliates”). Wegmans Affiliates’ websites have site-specific terms of use, which can be located on the applicable websites. Similarly, these Terms of Use do not apply to websites that Century does not operate, even if Century has a presence on such websites.

Legal Age

This Website is offered and available to users who are 21 years of age or older. By using this Website you represent and warrant that you are 21 years of age or older. By placing an order for wine, spirits or any other alcoholic beverage or product, you represent and warrant that you are 21 years of age or older and covenant that your order will be received by someone 21 years of age or older; you acknowledge that adult signatures are required for all deliveries of alcohol and you agree to indemnify and hold harmless Century, its affiliates, owners, officers, agents and employees for any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees and costs, resulting from any breach of this provision.

Changes to the Terms of Use and the Website

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Further, we may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. To the extent you can create an account on a Century website, such account is for your convenience only and you must keep the credentials to that account secret. You are responsible for anyone gaining access to your account using your credentials. Please do not use credentials for a Century-website account that you have used elsewhere.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Century, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except that you may print copies of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. You shall not (i) store electronically any significant portion of any content; (ii) modify copies of any materials from this Website; or (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or content made available through the Website.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Century, a Century employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Century or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Use Website content to train any artificial intelligence model or tool.
Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS CENTURY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Telephone Calls and Text Messages

By accepting these Terms, you authorize Century and its affiliates or service providers to deliver informational telephone calls or text messages to any telephone number you provide when placing a product order or registering for a service. Your cellular carrier may charge message and data rates for such messages. Carriers are not liable for delayed or undelivered messages. Although Century does not require you to provide this consent as a condition to purchase goods, failure to provide consent may impact the functionality of certain services that are designed to use telephone and/or text messaging functionality to deliver information to you.

You may also give us consent to receive marketing text messages, such as messages relating to the goods and services we offer. Your cellular carrier may charge message and data rates for such messages. You understand and agree that such messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive such messages is not required to make a purchase.

You may withdraw your consent at any time by responding with the word “STOP” to any text message received from Century. After texting STOP, you may receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command, and you agree that Century will have no liability for failing to honor such requests.

Pricing and Promotions

Pricing and promotions for Products may be different on the Century Site and in store. Pricing or availability errors may occur on the Century Site. Promotional codes are (a) limited in nature and may expire or be discontinued with or without notice, (b) void where prohibited by law, (c) not to be copied, sold, or otherwise transferred, (d) not redeemable for cash, and (e) subject to cancellation or change at any time for any reason without notice. We reserve the right in our sole discretion to impose conditions on the offering of any promotional code.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CENTURY NOR ANY PERSON ASSOCIATED WITH CENTURY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CENTURY NOR ANYONE ASSOCIATED WITH CENTURY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CENTURY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CENTURY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $50. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Century, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Dispute Resolution and Arbitration

Century is committed to resolving occasional concerns that might arise with its customers. In the unlikely event that such an issue cannot be resolved to your satisfaction through customer service, you and Century agree that the following dispute resolution provisions will apply.

“Dispute” means any claim or controversy between you and Century, including but not limited to any (1) claims for relief or theories of liability, whether based in contract, tort, fraud, misrepresentation, statute or otherwise, or that relate to the existence of these Terms of Use, (2) claims that arose before these Terms of Use, (3) claims that may arise in the future, including claims that may arise after the cancelation or expiration of these Terms of Use, and (4) claims that are the subject of a putative class action in which no class has been certified. “Dispute” will be given the broadest possible meaning permitted by law. “Dispute” does not, however, include any issues arising from or relating to the arbitrability of any Disputes under, or the scope, validity, or enforceability of, the following Dispute resolution provisions.

Any Dispute arising out of or related in any manner to these Terms of Use which cannot be amicably resolved by the parties shall be solely and finally settled by a single arbitrator and be administered by National Arbitration and Mediation (“NAM”) pursuant to its appliable consumer arbitration rules, as modified by the version of this arbitration provision that is in effect when notice of a Dispute is provided. The NAM rules can be obtained from NAM by visiting its website (www.namadr.com) or contacting them via the NAM website. If NAM is unavailable or unwilling to administer an arbitration in accordance with this arbitration provision, you and Century agree that the arbitration will be administered by the American Arbitration Association (“AAA”) pursuant to its applicable consumer arbitration rules, as modified by the version of this arbitration provision that is in effect when notice of a Dispute is provided. The AAA rules can be obtained from the AAA website (www.adr.org). If the AAA is unavailable or unwilling to administer an arbitration in accordance with this arbitration provision, you and Century agree to work together in good faith to agree on (or if necessary to petition a court to appoint) an arbitration administrator that will do so. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before one arbitrator sitting in Monroe County, New York. The arbitration may be conducted by telephone or video, based on written submissions, or in person at a location reasonably convenient for you or at another mutually agreed location. If requested by the other party or the arbitrator, you shall personally appear (with your attorney if you are represented) or Century shall have a representative (with an attorney if Century is represented) personally appear at any in-person, video, or telephonic hearing. Notwithstanding anything to the contrary, Century will pay all fees and costs that Century is required by law to pay.

The language for the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations of the limitation of liability section and indemnification section of the Terms of Use, but shall not be empowered to award direct, indirect, incidental, special or consequential damages or specific performance. Payment of all filing, administration, and arbitrator fees will be governed by the applicable NAM rules (or if AAA or an alternative administrator is administering the Dispute, then by their applicable rules consistent with the above). The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law, or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b). In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after the entry of an award. This section provides the sole resource for settlement of any Disputes arising out of, in connection with, or related to these Terms of Use. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.

Waiver and Severability

No waiver of by Century of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Century to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and the Shipping Policy constitute the sole and entire agreement between you and Century with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This Website is operated by Nicole’s Wine & Spirits, Inc. (d/b/a Century Liquor & Wines), 3349 Monroe Ave, Rochester, NY 14618.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].