By visiting the Site and/or sending an "ecard", you agree to become bound by the terms and conditions of these terms of service (the "Agreement") with Potbelly Sandwich Works, LLC ("Potbelly"). If you do not agree to all the terms and conditions of this Agreement, you do not have any right to use the Site. Your use of the Site following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. Potbelly may change, suspend or discontinue the Site including any materials displayed on the Site (including but not limited to text, graphics, images, photographs, illustrations, articles, software, music, audio, video, and information, also known as the "Content") for any reason, at any time, including the availability of any feature or Content. Potbelly may also impose limits on certain features or services or restrict Users' access to parts or all of the Site without notice or liability.

You take full responsibility for access of and use of the Site. This Agreement is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Potbelly may, in its sole discretion, refuse to offer access to the Site to any person or entity and change its eligibility criteria at any time. As a condition of use, you promise not to use the Site for any purpose that is prohibited by this Agreement. By way of example, and not as a limitation: You will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. You will not transmit through the Service any infringing, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind or nature. You agree not to use the Site for illegal purposes. You recognize and accept that Potbelly is not intended to be an anonymous e-mail service. Every ecard sent includes the IP (Internet Protocol) address from which the login session originated. With this header information, the source of a message can be narrowed dramatically (often directly to your computer). This is done for the protection of recipients of the ecard.

You will indemnify and hold Potbelly, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of your access to the Site, your violation of this Agreement, or the infringement by you, of any intellectual property or other right of any person or entity.

Under no circumstances shall Potbelly be liable for any special, consequential, incidental, indirect or punitive damages that result from the use of, or the inability to use, the materials in the Site, even if Potbelly or a Potbelly authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Potbelly's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the greater of $100 or the amount paid by you, if any, for accessing this site.

©1977-2012 Potbelly Sandwich Works. All rights reserved.