Last Updated: January 20, 2026
Welcome to Ernie the Wawa ("we," "our," "us," or "Company"). These Terms of Service ("Terms") govern your access to and use of our website at erniethewawa.com (the "Site"). Please read these Terms carefully before using our Site.
By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.
Important: These Terms apply to your use of erniethewawa.com. When you make a purchase, you will be redirected to our Shopify store at shop.erniethewawa.com, which is governed by Shopify's Terms of Service. Please review their terms before making a purchase.
By accessing, browsing, or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Site.
Our Site is accessible to users of all ages for browsing, viewing content, and reading blog posts. You do not need to meet any age requirements to access or view our Site.
You must be at least 18 years of age to make a purchase or subscribe to our email list. By making a purchase or subscribing to our email list, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
If you are under 18, you may browse and view our Site, but you may not make purchases or subscribe to our email list. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.
You may use our Site for lawful purposes only and in accordance with these Terms. You agree to use our Site:
Our Site allows users to subscribe to our email list for discounts and updates. No public user profiles are created or displayed. By subscribing to our email list, you agree to receive marketing communications from us, and you may unsubscribe at any time.
We allow comments on our blog posts. By posting a comment, you agree that:
Only customers who have purchased products from us may leave product reviews. By submitting a review, you agree that:
By submitting comments, reviews, or any other content to our Site, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, and distribute such content in any media.
All content on this Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Ernie the Wawa or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
"Ernie the Wawa" and related names, logos, and designs are proprietary to us. You may not use our name, logos, or any other trademarks for any commercial purpose without our express written permission. Unauthorized use of our trademarks may constitute trademark infringement and unfair competition.
Some products featured on our Site are affiliate products owned by third-party entities. These products are clearly identified, and ownership of such products remains with their respective owners. We are not responsible for the content, quality, or availability of affiliate products.
You may not:
You agree not to use our Site:
Products displayed on our Site are subject to availability. We reserve the right to discontinue any product at any time without notice. We do not warrant that product descriptions or other content on our Site is accurate, complete, reliable, current, or error-free.
All prices are subject to change without notice. We reserve the right to modify prices at any time. Prices displayed on our Site are in U.S. dollars unless otherwise stated.
We attempt to be as accurate as possible in product descriptions. However, we do not warrant that product descriptions or other content on our Site is accurate, complete, reliable, current, or error-free. Product images are for illustrative purposes only and may not reflect the exact appearance of the product.
Product images may vary from the actual product due to screen settings, lighting, and other factors. We do not guarantee that your computer monitor's display of any color will be accurate.
Our Site may contain links to affiliate products owned by third-party entities. These links are provided for your convenience only. We are not responsible for the content, quality, accuracy, or availability of affiliate products or the practices of third-party websites.
When you click to purchase products, you will be redirected to our Shopify store at shop.erniethewawa.com. All transactions are processed through Shopify and are governed by Shopify's Terms of Service and Privacy Policy. We are not responsible for issues with orders placed outside of shop.erniethewawa.com.
Our Site may contain links to external websites that are not operated by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.
Our Site and all products and services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Site or the information, content, materials, or products included on our Site.
To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to:
We do not warrant that products will meet your requirements or that the operation of our Site will be uninterrupted or error-free. We are not responsible for any defects, errors, or omissions in products or services.
To the fullest extent permitted by applicable law, in no event shall Ernie the Wawa, its owners, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:
Our total liability to you for all claims arising from or related to the use of our Site or products shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.
We are not responsible for the actions, content, information, or data of third parties, including but not limited to:
You release us, our owners, employees, agents, and affiliates from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
You agree to defend, indemnify, and hold harmless Ernie the Wawa, its owners, employees, agents, and affiliates 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:
We reserve the right, in our sole discretion, to:
Upon termination, your right to use our Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Minneapolis, Minnesota.
Before filing a claim, you agree to contact us at support@erniethewawa.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within sixty (60) days of your notice.
If we cannot resolve a dispute informally, you agree that any dispute arising out of or relating to these Terms or your use of our Site shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Minneapolis, Minnesota.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Notwithstanding the above, you may bring claims in small claims court in Minneapolis, Minnesota, if your claims qualify.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised Terms.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and Ernie the Wawa regarding your use of our Site and supersede all prior and contemporaneous written or oral agreements between you and Ernie the Wawa.
No waiver by Ernie the Wawa of any term or condition set forth in these Terms 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 Ernie the Wawa to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms of Service, please contact us at:
Email: support@erniethewawa.com
Business Name: Ernie the Wawa
Location: Minneapolis, Minnesota, United States