USE OF CONTENT AGREEMENT
Effective Date: 04/06/2026
This Use of Content Agreement (“Agreement”) is between you and Third Eye Traders, LLC (“Company,” “we,” “us,” or “our”) and governs all access to, use of, and rights in the Company’s online courses, training materials, recordings, videos, slide decks, worksheets, templates, strategies, code, trade alerts, community posts, feedback, and any other content made available through the Company’s Thinkific site and related platforms (collectively, “Content”).
By enrolling in, accessing, or using the Content, you agree to the following terms:
1. Ownership and License
- All Content and associated intellectual property rights are and will remain the exclusive property of Third Eye Traders, LLC or its licensors.
- We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content solely for your personal, non-commercial educational use and in accordance with this Agreement.
2. Prohibited Uses
You shall not, directly or indirectly, by any means (including copying, sharing, repackaging, distributing, selling, sublicensing, uploading to public or private sites, embedding in other products, or creating derivative works):
- Reproduce, distribute, sell, license, resell, rent, lease, publish, host, stream, broadcast, or otherwise commercialize the Content or any part thereof.
- Use Content to create a competing course, product, service, or training program.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Content.
- Share access credentials or allow third parties to access the Content under your account.
- Use the Content in any manner that would enable others to access, copy, or repurpose it for commercial use.
- Reverse engineer, decompile, disassemble, or attempt to extract the underlying source of any materials or technology used to deliver the Content.
3. Permitted Internal Use (Limited)
- You may use Content for internal study, practice, note-taking, and personal trades provided you do not distribute, reproduce, or make public any portion of the Content.
- You may quote small excerpts (no more than 250 words or 10% of a single item, whichever is less) for non-commercial commentary, criticism or review, provided you include an attribution to Third Eye Traders, LLC and do not create a competing product.
4. Enforcement, Remedies, and Damages
- Any breach of this Agreement may cause irreparable harm to the Company for which monetary damages would be inadequate. The Company shall therefore be entitled to seek injunctive relief, specific performance, and any other equitable relief in addition to monetary damages and other remedies available at law.
- You acknowledge that a violation of Sections 1–3 will result in direct and consequential harm. If you breach this Agreement, you agree to pay liquidated damages equal to the greater of (a) actual proven damages, or (b) $25,000 per distinct infringing instance or product, plus the Company’s reasonable attorneys’ fees and costs in enforcing its rights. The parties agree that these liquidated damages are a reasonable estimate of likely harm and not a penalty.
- The Company may suspend or terminate your access immediately upon suspected or confirmed breach without refund.
5. Notification and Takedown
- If you believe your Content has been used in violation of this Agreement, contact us at: [Insert contact email]. Provide sufficient information to allow us to identify the infringing material and your relationship to the Content.
- The Company will investigate and, when appropriate, seek removal of infringing materials, including issuing takedown notices to third parties and platform operators.
6. Audit and Compliance
- With reasonable notice and during normal business hours, the Company may audit your use of the Content to ensure compliance. If an audit reveals unauthorized use, you will reimburse the Company for the cost of the audit and any remediation, and be responsible for all remedies described in this Agreement.
7. Indemnification
- You agree to indemnify, defend and hold harmless Third Eye Traders, LLC and its officers, directors, employees and agents from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising from your breach of this Agreement, unauthorized use of the Content, or any violation of applicable law.
8. No Warranty; Limitation of Liability
- The Content is provided “as is.” To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, regarding the Content.
- Except where prohibited by law or for willful misconduct, the Company’s total liability to you for any claim under this Agreement shall not exceed the amount you paid to the Company for access to the specific Content at issue in the six months preceding the claim.
9. Termination and Survival
- This Agreement continues until terminated. The Company may terminate or suspend your access for any reason, including suspected breach.
- Sections 1, 2, 4, 5, 6, 7, 8, 9, 10 and 11 survive termination.
10. Governing Law and Venue
- This Agreement is governed by the laws of the State of [Insert State], without regard to conflict of laws principles.
- You agree that exclusive jurisdiction and venue for any disputes arising out of this Agreement will be the federal or state courts located in [Insert County and State], and you consent to personal jurisdiction therein.
11. Remedies Cumulative
- Remedies provided in this Agreement are cumulative and not exclusive. The Company may exercise any right or remedy available at law or equity.
12. Consent to Electronic Notices
- Notices, consents, and other communications under this Agreement may be provided electronically, including via email.
13. Changes to This Agreement
- We may update this Agreement from time to time. Significant changes will be posted on our site and communicated via email. Continued use after notice constitutes acceptance.
14. Entire Agreement; Severability
- This Agreement constitutes the entire understanding between you and the Company regarding use of the Content and supersedes prior communications. If any provision is found invalid or unenforceable, the remaining provisions remain in effect.
15. Review by Counsel
- This Agreement is provided for informational purposes and does not constitute legal advice. You should consult qualified legal counsel to tailor and validate this Agreement for your jurisdiction and business needs.
Contact
Third Eye Traders, LLC
Email: [email protected]
Address: P.O. Box 290847, Columbia, SC 29229
By accessing or using the Content you acknowledge that you have read, understood, and agree to be bound by this Agreement.