terms of website use

Last Updated: May 26th, 2022

This website is owned and operated by Elizabeth McCravy, LLC., a Tennessee company. 
Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time. You must be at least sixteen years of age to use our website. 


Intellectual Property Notice
All images, texts, graphics, website copy, and trademarks are property of Elizabeth McCravy, LLC. unless another party is attributed. By making accessing this website you agree that:
- You will not copy, duplicate or steal our website or its content. That is considered theft, and we reserve our right to prosecute theft to the full extent of the law. 

- You will not copy design ideas, choice of words, or anything similar. That is considered theft. 

- You will not copy, adapt, or imply that our website or its content and products is yours or created by you. 


Affiliates 
This website occasionally uses affiliate links to promote certain products or services. This will never cost you anything extra - it often will actually save you money. I wholeheartedly endorse the brands I am an affiliate for. 


Contact Information
Elizabeth McCravy, LLC.
hello@elizabethmccravy.com


policy for em shop

Last Updated: May 26th, 2022

Copyright Agreement


By purchasing a website template you are legally bound to the following terms. 

The images that come in the template are for demonstration purposes only and must be replaced with your own images. 

Each template has a "site credit" in the footer. We ask that you leave this site credit on your final website version. Upon purchase, you will be invited to join our affiliate program where you can link the site credit back to us via your affiliate link if you wish. 

You may not resell or redistribute the template(s).

You must have a subscription to Showit in order to use our website templates. Although Showit uses WordPress for blogging, these are not "WordPress Templates", therefore a Showit subscription is necessary.

NOTE FOR DESIGNERS: Graphic Designers (website designers, brand designers, etc.) are prohibited from claiming our templates as their own and promoting them as original, unique work. You cannot use them as starting points for future client projects and you cannot use them as your website to advertise your design services. Designers may still use our templates, but must not claim creation and must always leave site design credit linking back to elizabethmccravy.com. 


Payments and Refunds 

We offer a money-back guarantee on our EM Shop website templates. The money-back guarantee is governed by the following terms. 

We want you to be completely satisfied by your website template, but we also want you to put in your best effort to make the template you purchased work for your website. 

In order to request and qualify for a refund, you must prove that you were unable to customize the template for your website and that it did not work for you. Your request must be submitted within 60-days from the date of purchase. We do not accept refunds past 60-days from your purchase for any reason. 

To request a refund, please email us at support@elizabethmccravy.com with the following:

- Proof that you've utilized the Showit Blueprint Course created to teach you Showit and WordPress
- A link to your preview website to show us your attempt to customize the website template
- Screenshots and explanations for the problems you faced keeping you from using the template
- General details about your problems with the template and your attempt to use it
- Also, please let us know if you are cancelling your subscription with Showit completely in addition to requesting your refund with us.

We reserve the right to determine, in our sole discretion, whether these conditions have been met before issuing a refund. If determined that you are entitled to a refund, we will promptly issue a refund, and you will be required to delete your template from your Showit library and will be revoked access to all training materials. You cannot use the template after being given a refund. 

We do not provide refunds after 60 days of purchase. After day 60, all payments are non-refundable and you are responsible for full payment for the template regardless of if you use the template.

Most buyers are completely satisfied with their purchase and able to create a beautiful website! Please email any questions to support@elizabethmccravy.com.

If you chose the payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid.





Contact Information
Elizabeth McCravy, LLC.
support@elizabethmccravy.com




policy for booked out designer

Last Updated: May 26th, 2022

COPYRIGHT AGREEMENT:


By purchasing Booked Out Designer you are legally bound to the following terms. 

Elizabeth McCravy, LLC. reserves rights to all content, information, course materials, data, text, logos, design elements, headers, service marks, trademarks, photographs, images, videos, blog posts, program and product names, graphics, color schemes and artwork published, to the extent protectable, within or relating to Booked Out Designer, as well as any and all information assessed through Booked Out Designer which is proprietary. 

You may not copy, reproduce, modify, upload, republish, sell, transmit, distribute, post, exploit, or create derivative works of any material from Booked Out Designer.

You may not use any trademarks, service marks, logos, or graphics owned by Booked Out Designer through common law rights or registration.

Our Limited License to You

By purchasing Booked Out Designer, Elizabeth McCravy, LLC. grants you a limited, non-transferrable, revocable license to view and utilize content for your personal use only. If you purchase Booked Out Designer, you may access and download purchased content subject to a limited, non-transferrable, revocable license for your own personal, non-commercial use to access, download, and view the material. 

This license is granted for use by (1) individual only. If you would like to participate in Booked Out Designer with a friend or colleague, each individual must purchase a separate membership. If you'd like to join with a business partner who is a member of your business (NOT just a "business friend"), you can use one purchase for you both to take the course, be in the Facebook community, and access all contents. 

You are prohibited from reselling or distributing such purchased material. No other use of our content is permitted without the express written consent of Elizabeth McCravy, LLC..

If you violate any portion of these terms, you must destroy any copies you made of our content immediately and your right to access and use Booked Out Designer and content shall terminate automatically. We reserve the right to take any and all appropriate legal action against infringement upon our intellectual property rights. We also reserve the right to revoke your access to any purchased material, without refund, and take any appropriate legal action. 


PAYMENTS AND REFUNDS: 

We offer a 30-day money-back guarantee on Booked Out Designer, based on percentage of course completion. The 30-day period starts on the day you purchased the program, and does not extend beyond those 30 days. The money-back guarantee is governed by the following terms. 

We believe that the value of Booked Out Designer far outweighs the cost. But, we want you to be completely satisfied with the course and coaching.  

To qualify for a refund, it must be within 30 days of purchasing the course with a percentage of module completion equal to or less than 30%. If you've completed more than 30% of the course, you are only eligible for a partial refund. If you've completed more than 30% of the course, you are not eligible for a refund. (You can’t buy the toothpaste, use it. Then ask to return it, ya know?) However, I'm a human, not a robot and we're happy to discuss each situation on a situation by situation basis. 

We reserve the right to determine, in our sole discretion, whether these conditions have been met before issuing a refund. The purpose of our refund policy is to let you try the course to see if it's right for you. If you're requesting a refund for other reasons and have not tried the course, that is outside of our policy scope. If you're requesting a refund and have completed a large percentage of the course (again more than 30%), this is outside of our policy scope. If determined that you are entitled to a refund, we will promptly issue a refund, and we will revoke access to all training materials and the Facebook group. You will no longer be able to access any of the contents after being given a refund. 

We do not provide refunds after 30 days of purchase. After day 30, all payments are non-refundable and you are responsible for full payment for the course regardless of if you take the course. 

If you choose any of the payment plan options for Booked Out Designer, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid.

policy for breakthrough Brand All Access

By purchasing access to Breakthrough Brand All Access, you agree to the following terms and conditions of purchase (hereinafter “Agreement”), as well as our Privacy Policy, hereby incorporated by reference. This is a legal agreement between you (“user”) and Elizabeth McCravy, LLC. (“Elizabeth McCravy”, “we,” “us,” or “our”). 

In the event of a conflict between this Agreement and our Privacy Policy or website Terms of Use, the terms of this Agreement shall control. To purchase Breakthrough Brand All Access, you must be 13 year of age or older. If you are under the age of 18, you should seek parental permission before purchasing Breakthrough Brand All Access and review these terms and conditions with your parent or legal guardian.

Please read the following Agreement carefully. 


PURCHASER RIGHTS, CONDUCTS, AND LIMITATIONS
Your purchase of Breakthrough Brand All Access includes access to group coaching, private member-only podcast content, exclusive trainings, and a member-only Facebook group. 

You hereby acknowledge and agree that the terms of this Agreement are supported by reasonable, adequate, and valuable consideration of your purchase of Breakthrough Brand All Access. 

You may access/use Breakthrough Brand All Access for lawful purposes only. By accessing Breakthrough Brand All Access, you agree not to post, transmit, email, or in any other way make available content that infringes on the trademark, copyright, propriety, or privacy rights of any entity or individual including personal data belonging to another person such as their email address, telephone number, credit care information, postal address, or other sensitive data.

You agree not to post, transmit, email, or in any other way make available content that is obscene, defamatory, pornographic, sexually explicit, promotes violence, contains hate speech, or invades the privacy of another. You agree not to access Breakthrough Brand All Access to carry out commercial activity or transmit spam.

You acknowledge and agree that Elizabeth McCravy, LLC., in its sole discretion, may remove any content it deems to violate these Terms or otherwise constitute a criminal offense, fraud, or potentially create civil liability.

In the event of third-party legal action against you arising from or relating to your use of Breakthrough Brand All Access, you agree to hold harmless and indemnify Elizabeth McCravy, LLC. from any related claims or actions. 


SUBMISSIONS:
In your use of Breakthrough Brand All Access, you may submit questions, comments, suggestions, reviews, feedback, and other information. However, any submissions that contain illegal, obscene, or threatening information will be removed, and you may be prohibited from future access or use of Breakthrough Brand All Access. You also may not submit any type of spam including, but not limited to, mass mailings or chain letters, political campaign material, or commercial solicitations. You may not transmit any information which infringes on another party’s intellectual property, invades the privacy of another, or in any other way causes injury to another individual. You may not transmit data containing software viruses. Any violation of these terms may result in an immediate termination of your right to access the Membership materials and may prohibit you from future use of the Membership. 

We reserve the right to edit and remove any content generated by or involving you in our member community. We assume no responsibility or liability for any content sent or posted by you or any other person. 

Subject to the terms set forth in our Privacy Policy, no submissions by a purchaser will be treated as confidential and your submission of data or information to us does not form a confidential or fiduciary relationship, nor does it create any expectation of confidentiality between you and Elizabeth McCravy, LLC.. 


INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE:
Elizabeth McCravy, LLC. reserves rights to all content, information, podcast episodes, data, text, logos, design elements, headers, service marks, trademarks, photographs, images, videos, blog posts, program and product names, graphics, color schemes and artwork published, to the extent protectable, within or relating to Breakthrough Brand All Access, as well as any and all information assessed through Breakthrough Brand All Access which is proprietary. 

You may not copy, reproduce, modify, upload, republish, sell, transmit, distribute, post, exploit, or create derivative works of any material from Breakthrough Brand All Access.

You may not use any trademarks, service marks, logos, or graphics owned by Breakthrough Brand All Access through common law rights or registration.


Our Limited License to You
By purchasing Breakthrough Brand All Access, Elizabeth McCravy, LLC. grants you a limited, non-transferrable, revocable license to view and utilize content for your personal use only. If you purchase Breakthrough Brand All Access, you may access and download purchased content subject to a limited, non-transferrable, revocable license for your own personal, non-commercial use to access, download, and view the material. 

This license is granted for use by (1) individual only. If you would like to participate in Breakthrough Brand All Access with a friend, business partner, or colleague, each individual must purchase a separate membership. (If you'd like to purchase with a business partner, contact us for a "business rate" for 2 people.) The content purchased is for one individual license only, and we reserve the right to take legal action and revoke your membership if you share purchased content (such as the member-only podcast) with someone who hasn’t purchased. 

The Member-Only Podcast is delivered via a personal RSS subscription link for you that is not transferable or shareable with anyone else. 

You are prohibited from reselling or distributing such purchased material. No other use of our content is permitted without the express written consent of Elizabeth McCravy, LLC..

If you violate any portion of these terms, you must destroy any copies you made of our content immediately and your right to access and use Breakthrough Brand All Access and content shall terminate automatically. We reserve the right to take any and all appropriate legal action against infringement upon our intellectual property rights. We also reserve the right to revoke your access to any purchased material, without refund, and take any appropriate legal action. 


CONFIDENTIALITY AND NON-DISCLOSURE:
By purchasing Breakthrough Brand All Access, you agree to protect the privacy of Elizabeth McCravy, LLC. and other participants pursuant to the following conditions:

- You agree not to disclose any proprietary information, confidential information, or trade secrets relating to information and content provided through Breakthrough Brand All Access.
- You will not discuss or disclose the experience or personal results of other participants.
- You will not disclose any confidential or proprietary information shared by another participant or Elizabeth McCravy, LLC. agent or representative.
- You may not share, disclose, reproduce, modify, distribute, sell, or create a derivative work from any content belonging to and shared by another participant.


PAYMENT AND FEES:
By purchasing Breakthrough Brand All Access, you agree to pay a monthly fee of $32 and any applicable fees or taxes. Or, the yearly fee of $352 and any applicable fees or taxes. You must provide accurate and up-to-date billing and credit card information. By making a purchase, you consent to Elizabeth McCravy, LLC. authorizing your credit card, debit card, bank account, or any other payment form provided to process the full payment of fees and applicable taxes, through our third-party payment processor.

If your payment method is declined and your payment is late, your account will be marked as late/delinquent and your access to Breakthrough Brand All Access will be revoked 7 days after your payment method is declined. Once your access is revoked, you must pay the full monthly fee of $32 to regain access to Breakthrough Brand All Access.
If your billing information changes or your account or credit card is lost, stolen, or compromised, you must promptly inform us. We reserve the right to report any accounts that have a delinquent unpaid balance for more than 60 days to a collection agency and credit reporting bureau. [You can update your billing info anytime here.]


CHARGES AND CANCELLATIONS:
We serve the right to change our prices at any time, however, as long as you stay in the membership, you are locked in at your current rate. If you cancel at any time and rejoin, you’ll rejoin at the current rate, which may be higher than the cost when you originally joined.  

You may cancel your membership at any time — we make this SO easy for you to do. If you cancel, service and access will continue through the service period of that month. In order to not be charged for the subsequent month, request to cancel your membership subscription at least 2 business days prior to the next billing period starting.


REFUNDS AND MONEY BACK:
Elizabeth McCravy, LLC. provides a money-back guarantee for Breakthrough Brand All Access within the first 5 days of your first month/year purchase. The 5-day period starts on the day you purchased the membership, and does not extend beyond those 5 days — regardless of what payment plan you choose. The money-back guarantee is governed by the following terms. 

To qualify for a refund, it must be within 5 days of purchasing Breakthrough Brand All Access 
with less than 5 of the available podcast/coaching content consumed. If you've listened to/consumed more than 5 private podcast episodes or attended more than 5 coaching calls, you are not eligible for a full refund. However, this is a membership, so cancel any time and you will not be billed again. 
 
We reserve the right to determine, in our sole discretion, whether these conditions have been met before issuing a refund. I’m a human though, not a robot, so we can talk about this on a case by case basis if you email us. 

The purpose of our refund policy is to let you try out the membership to see if it's right for you. If you're requesting a refund for other reasons and have purchased, but not tried anything yet that is outside of our policy scope. If you're requesting a refund and have consumed a large percentage of the content available, this is outside of our policy scope. (You can’t buy the toothpaste, use it. Then ask to return it, ya know?) In this case, we recommend paying for what you’ve consumed and cancelling your membership going forward. If determined that you are entitled to a refund, we will promptly issue a refund, and we will revoke access to all training materials and the Facebook group. You will no longer be able to access any of the contents after being given a refund. 

You understand and acknowledge that if you do not request a refund according to the terms of this Agreement, your membership will continue automatically and you authorize us to collect any and all outstanding payments using any eligible payment method you have provided on your account.


AFFILIATE DISCLAIMER:
Some of the links provided through Breakthrough Brand All Access may be affiliate links controlled by third-parties or links to products and services for which Elizabeth McCravy, LLC. earns an affiliate fee, referral fee, or commission. We shall use reasonable efforts to provide notice of any affiliate relationship to a link. By clicking on an affiliate link on the Membership Site or related communications, you expressly accept liability for any and all consequences of visiting the third party Website or purchasing those goods or services. 


DISCLAIMER:
At Elizabeth McCravy, LLC. we make no guarantees or financial claims of any kind regarding any potential income you may earn or generate by using Breakthrough Brand All Access, or implementing information provided through Breakthrough Brand All Access or any of our resources.

Elizabeth McCravy, LLC. does not make any guarantees of your results or likely outcome from your purchase of Breakthrough Brand All Access. We do not guarantee any specific outcome of any kind, whether financial, physical, emotional, psychological, social, spiritual, legal, or otherwise. Your outcome may be influenced by numerous variables including but not limited to your cooperation, focus, energy, and dedication, as well as the influence of outside circumstances and variables. 

Any information or content provided through Breakthrough Brand All Access is solely for educational and informational purposes. 

You are encouraged to seek professional advice and counsel relating to medical, mental, psychological, legal, business, and financial matters. The information or content provided through Breakthrough Brand All Access is not represented in any way to be a substitute for such professional advice.

Your decision to use information provided though Breakthrough Brand All Access is purely voluntary and you acknowledge, understand, and agree that you use such information at your own risk. We are not liable for any harm or damages arising from or related to your use or non-use of information or content provided through Breakthrough Brand All Access. 


ASSIGNMENT:
You may not assign your rights under this Agreement without our express written consent.


FORCE MAJEURE: 
Neither party shall be liable for any delay or failure to fulfill its obligations under this Agreement if the delay or failure is caused by forces beyond its reasonable control, including without limitation natural and nuclear disasters, fire, flood, riot, war (declared and undeclared), acts of terrorism, revolution, embargoes, strikes, work stoppages, civil or military disturbances, loss of communication or computer services, or acts of God. In any such event, the party shall be relieved of any and all obligations under this Agreement during the applicable Force Majeure and resume performance of its obligations under this Agreement as soon as reasonably practicable.


Disclaimer of Warranties; Limitation of Liability
BREAKTHROUGH BRAND ALL ACCESS AND ANY CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE RESERVE THE RIGHT TO MAKE CHANGES, ADDITIONS, CORRECTIONS, AND IMPROVEMENTS TO BREAKTHROUGH BRAND ALL ACCESS AT ANY TIME WITHOUT NOTICE. WE MAKE NO REPRESENTATIONS OR GUARANTEES OF THE ACCURACY OF ANY INFORMATION ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY TECHNICAL, TYPOGRAPHICAL, OR PRICING ERRORS REGARDING BREAKTHROUGH BRAND ALL ACCESS, EXCEPT AS REQUIRED BY LAW. YOU USE THE CONTENT PROVIDED THROUGH BREAKTHROUGH BRAND ALL ACCESS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ELIZABETH MCCRAVY, LLC. DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ELIZABETH MCCRAVY, LLC. DOES NOT WARRANT THAT BREAKTHROUGH BRAND ALL ACCESS WILL OPERATE FREE FROM ERROR, DESTRUCTIVE FEATURES, COMPUTER VIRUSES OR OTHER CONTAMINATION. 
FURTHERMORE, ELIZABETH MCCRAVY, LLC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, OR YOUR RESULTS FROM YOUR USE OF THE CONTENT, SOFTWARE, SERVICES, INFORMATION, OR FACILITIES OF BREAKTHROUGH BRAND ALL ACCESS.
IN NO EVENT, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNTIVE, OR CONSEQUENCIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS DISRUPTION, THROUGH ANY ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATED TO YOUR USE OF BREAKTHROUGH BRAND ALL ACCESS OR ANY CONTENT CONTAINED ON THE MEMBERSHIP SITE. IN ANY AND ALL CIRCUMSTANCES, YOUR MAXIMUM REMEMDY AND THE MAXIMUM LIABILITY OF ELIZABETH MCCRAVY, LLC. , WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE FEES YOU HAVE PAID TO US IN CONNECTION WITH ANY PURCHASES MADE DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENTS GIVING RISE TO YOUR CLAIM.

INDEMNIFICATION:
BY ACCESSING AND USING BREAKTHROUGH BRAND ALL ACCESS, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ELIZABETH MCCRAVY, LLC. FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, EXPENSES, LIABILITIES, CAUSES OF ACTION, AND/OR CLAIMS ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THIRD PARTY RIGHTS, OR YOUR MISUSE OF BREAKTHROUGH BRAND ALL ACCESS OR RELATED CONTENT. 


TERMINATION
Any violation of this Agreement may lead to termination of your right to access the Membership Site and/or appropriate legal action.  


Governing Law and Jurisdiction
The terms of this Agreement will be governed by the laws of the Tennessee. The state and federal courts located in Tennessee will have exclusive jurisdiction over any case or controversy arising from or relating to this Agreement, use of Membership, or any products or services provided by Elizabeth McCravy, LLC. or disputes arising out of or relating to your purchase of Breakthrough Brand All Access. 

You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of the federal and state courts of the State of Tennessee for purposes of any claim or action arising out of or relating to these Terms and waive any defense of forum non conveniens. Through your access and use of the Membership Site, you are deemed to have knowingly and voluntarily waived any right to a trial by jury in any case or controversy related to this Agreement, use of the Membership, or any related products or services.


Dispute Resolution
If a dispute arises from or relating to this Agreement, our Content, Breakthrough Brand All Access, or the Membership Site and the Parties are unable to settle the dispute through direct communication, the Parties agree to first try to settle the dispute by mediation with the help of a mutually agreed upon mediator in Tennessee. The Parties shall share any costs and fees related to the mediation equally, other than attorney fees. 

BINDING ARBITRATION
IF MEDIATION DOES NOT RESOLVE A CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PARTIES AGREE THAT ANY UNRESOLVED CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO ITS COMMERCIAL ARBITRATION RULE AND ANY JUDGMENT RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

Miscellaneous
Any failure by us to act on or enforce any provision contained within these Terms shall not constitute or be construed as a waiver of the provision or any other provision contained within these Terms. To be effective, a waiver of any provision contained within these Terms must be made by us in a signed, written agreement and no such waiver shall constitute a waiver of any other provision within these Terms besides the provision expressly waived in that signed writing. 
The section headings contained within these Terms shall not be given any legal meaning or significance and are provided simply for convenience. 

Severance
​If any provision of this Agreement is found unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement.

Complete Understanding
This Agreement supersedes any prior agreement, communication, or representations between you and Elizabeth McCravy, LLC. and constitute a complete and final agreement regarding your purchase of Breakthrough Brand All Access.