Terms of Service

Last Updated: May 27, 2025

Please read these Terms of Service (the “Agreement”) carefully. Your use of the Platform (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and Deep South Today dba Verite News (“Company” or “we” or “us”) concerning your use of (including any access to) the Verite News website currently located at https://stg-veritenewsorg-staging.kinsta.cloud (together with any materials and services available therein, and successor site(s) thereto, the “Site”), and any mobile application we make available that links to this Agreement (together with any materials and services available therein, and successor app(s) thereto, the “App”). The Site and the App are collectively called the “Platform.” This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Platform, or otherwise made available to you by Company. 

By using the Platform, you affirm that you are of legal age to enter into this Agreement, or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

If you are an individual accessing or using the Platform on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Platform and to any such Organization.

This Agreement contains a mandatory arbitration provision that, as further set forth in Section 19 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

1. Changes. We may change this Agreement at any time, in our sole discretion. If we do so, we will notify you of such changes by any reasonable means, including by posting a revised Agreement through the Platform. It is important that you review the Agreement
whenever we update its terms, and you use the Platform and other services.

Your use of the Platform and services following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.

If you do not agree to be bound by the updated Agreement, then, except as otherwise provided in Section 19(j) “Effect of Changes on Arbitration,” you may not use the Platform and services anymore.

We may, at any time and without liability, modify or discontinue all or part of the Platform (including access to the Platform via any third-party links); charge, modify or waive any fees required to use the Platform; or offer opportunities to some or all Platform users.

2. Information Submitted Through the Platform. Your submission of information through the Platform is governed by Company’s Privacy Policy, located at https://stg-veritenewsorg-staging.kinsta.cloud/privacy-policy/ (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Platform is and will remain accurate and complete, and that you will maintain and update such information as needed. 

3. Jurisdictional Issues. The Platform is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Platform may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Platform’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose. 

4. Rules of Conduct. In connection with the Platform, you must not:

• Post, transmit or otherwise make available through or in connection with the Platform any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
• Use the Platform for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Platform.
• Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available, including by hacking or defacing any portion of the Platform; or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the Platform.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without Company’s express prior written consent.
• Reverse engineer, decompile or disassemble any portion of the Platform, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from the Platform.
• Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without Company’s express prior written consent.
• Systematically download and store Platform content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Platform content, or reproduce or circumvent the navigational structure or presentation of the Platform, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice. 

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Platform.

5. Products. The Platform may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Company or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Platform of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.

6. Transactions. We may make available the ability to purchase or otherwise obtain certain Products through the Platform (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.

Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Company’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Platform, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Platform. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

7. Registration; User Names and Passwords. You may need to register to use all or part of the Platform. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Platform account.

8. Profiles and Forums. Platform visitors may make available certain materials (each, a “Submission”) through or in connection with the Platform, including on profile pages or on the Platform’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Platform, you do so at your own risk. 

9. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Platform or otherwise and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Platform, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

10. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Platform, or analyze your access to or use of the Platform. We may disclose information regarding your access to and use of the Platform, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

11. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Platform, you may view one (1) copy of any portion of the Platform to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use. Any App is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device.

12. Company’s Proprietary Rights. We and our suppliers own the Platform, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include Deep South Today, Verite News, and any associated logos. All trade names, trademarks, service marks and logos on the Platform not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Platform should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

13. Third Party Materials; Links. Certain Platform functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. 

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Platform at any time. In addition, the availability of any Third Party Materials through the Platform does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

14. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Platform may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

15. Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Platform and any Products and Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Company disclaims all warranties with respect to the Platform and any Products and Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective directors, officers, trustees, volunteers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.

While we try to maintain the timeliness, integrity and security of the Platform, we do not guarantee that the Platform is or will remain updated, complete, correct or secure, or that access to the Platform will be uninterrupted. The Platform may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Platform. If you become aware of any such alteration, contact us at info@deepsouthtoday.org with a description of such alteration and its location on the Platform.

16. Limitation of Liability. To the fullest extent permitted under applicable law: (a) Company will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Company will not be liable for damages of any kind resulting from your use of or inability to use the Platform or from any Products or Third Party Materials, including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Platform or any Products or Third Party Materials is to stop using the Platform; and (d) the maximum aggregate liability of Company for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of: (1) the total amount, if any, paid by you to Company to use the Platform, or (2) ten dollars ($10.00). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the Affiliated Entities, and their respective successors and assigns.

17. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Platform (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.

18. Termination. This Agreement is effective until terminated. Company may terminate or suspend your use of the Platform at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Platform will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections [2–5, 7–10 and 12–25] shall survive any expiration or termination of this Agreement.

19. Governing Law; Arbitration. (a) Governing Law. The terms of this Agreement are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Mississippi, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. 

(b) Mandatory Arbitration of Disputes. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement, the services offered under this Agreement, or any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (collectively, “Disputes”) will be resolved solely through binding, individual arbitration before a neutral arbitrator and not in a class, representative, or consolidated action or proceeding (the “Arbitration Agreement.”) 

Such Disputes include, without limitation, disputes arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.

You and the Company agree that U.S. Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement, and that you and the Company are each waiving the right to a trial jury or to participate in a class action.   

(c) Exceptions and Opt-out.  As limited exceptions to Section 19(b) above:  (i) you or the Company may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court for the alleged unlawful use, infringement, or misappropriation of our intellectual property rights, including copyrights, trademarks, trade names, logos, or trade secrets.

In addition, you will retain the right to opt out of arbitration entirely if you provide us with written notice of your desire to do so by emailing optout@deepsouthtoday.org and providing:  (i) the URL of the website or name of the App associated with the Arbitration Agreement you would like to opt out of; (ii) first name; (iii) last name; (iv) email address, (v) phone number; and (vi) an unequivocal statement that you decline this Arbitration Agreement. Your notice must be sent within thirty (30) days following the date you first agree to this Arbitration Agreement. Your opt-out notice must be individualized and submitted by you. An opt-out notice that purports to opt out multiple parties will be invalid as to all such parties.  No individual may effectuate an opt out on behalf of other individuals. 

(d) Pre-Demand Notice. You and the Company agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises (“Pre-Demand Notice”).  The Pre-Demand Notice to the Company shall be sent to: Deep South Today, Attn: Legal, P.O. Box 12267, Jackson, MS, 39236.  A Pre-Demand Notice is only valid if it pertains to, is on behalf of, and is signed by a single individual, and provides the following: (i) the URL of the website or name of the App with which you are taking issue; (ii) first name; (iii) last name; (iv) email address, (v) phone number; and (vi) a detailed description of the dispute and relief sought. A Pre-Demand Notice brought on behalf of multiple individuals is invalid as to all. 

You and the Company further agree: (i) to attempt informal resolution prior to any demand for arbitration, including to meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim or dispute, with counsel present, if either party is represented; (ii) that participation in an informal dispute resolution conference is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with the informal dispute resolution procedures; (iii) that arbitration may only be filed if the dispute is not resolved informally within sixty (60) calendar days of when either you or the Company submit a Pre-Demand Notice; and (iv) that the state or federal courts of Mississippi have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.

(e) Conducting Arbitration and Arbitration Rules. If you and the Company are unable to resolve the Dispute within 60 days, either party may proceed to file a claim for arbitration. The arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of National Arbitration and Mediation (“NAM”) as an arbitration provider, under its most current Comprehensive Dispute Resolution Rules and Procedures, or under its most current Supplemental Rules for Mass Arbitrations, as applicable and amended by this Agreement, available online at this page.  If NAM is not available, the parties will select an alternative arbitration provider. 

To begin the arbitration process, you or the Company must submit notice by certified mail of the claim with an individualized arbitration demand.  To be valid, the demand must contain the name and signature of the claiming party (you or the Company), your or the Company’s mailing address, your email address or phone number, and a detailed description of the dispute and the relief sought. Notice to the Company must be submitted to our registered agent: Deep South Today, Attn: Legal, P.O. Box 12267, Jackson, MS, 39236.

Once the arbitration has been commenced, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the arbitrator. The arbitrator’s decision will follow the terms of this Arbitration Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. 

(f) Class Action Waiver. Whether the dispute is heard in arbitration or in court, you and the Company will not commence, except as specified below, against the other a class action, class arbitration, or other representative action or proceeding.  YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.  Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.  Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim.  Notwithstanding anything to the contrary in this Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and the Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and shall be pursued in the state or federal courts of competent jurisdiction as specified herein.  The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration.  This subsection does not prevent you or the Company from participating in a class-wide settlement of claims.  This section shall not preclude the use of bellwether arbitrations or global mediation as described in below, nor does it preclude the application of the arbitration provider’s fee schedules for mass arbitrations, as applicable. 

(g) Bellwether Arbitrations.  To increase the efficiency of administration and resolution of arbitrations, you and the Company agree that if there are thirty (30) or more individual arbitration demands of a substantially similar nature brought against either party by or with the assistance of the same law firm, group of law firms, or organizations within a one hundred and eighty (180) day period (“Mass Filing”), the parties shall select ten (10) individual arbitration demands (five (5) per side) for arbitration to proceed (“Bellwether Arbitrations”).  Only those ten (10) arbitration demands shall be filed with the arbitration provider, and the parties shall hold in abeyance, and not file, the non-Bellwether Arbitrations.  The statutes of limitation shall remain tolled when non-Bellwether arbitration demands are held in abeyance.  While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider.  If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance.

All parties agree that arbitration demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.  Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (i) whether the Bellwether Arbitration process is applicable or enforceable, (ii) whether particular demand(s) are part of a Mass Filing, and (iii) whether demands within a Mass Filing were filed in accordance with this Agreement.  In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. 

The parties shall work in good faith with the arbitrator to complete each Bellwether Arbitration within one hundred and twenty (120) calendar days of its initial pre-hearing conference.  The parties agree that the Bellwether Arbitration process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings, including the claims of individuals who are not selected for a Bellwether Arbitration.

(h) Global Mediation.  Following resolution of the Bellwether Arbitrations, the parties agree to engage in a global mediation of all remaining arbitration demands comprising the Mass Filing (“Global Mediation”).  The Global Mediation shall be administered by the arbitration provider administering the Bellwether Arbitrations.  If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Filing within thirty (30) calendar days following the mediation, the remaining demands for arbitration comprising the Mass Filing shall be filed and administered by the arbitration provider on an individual basis pursuant to the arbitration provider’s rules, unless the parties mutually agree otherwise in writing.  Any party may request that the arbitration provider appoint an Administrative Arbitrator to determine threshold questions regarding the newly filed demands.

The parties agree to cooperate in good faith with the arbitration provider to implement the Bellwether Arbitration process, including the payment of filing and administrative costs for the Bellwether Arbitrations, deferring any filing costs associated with the non-Bellwether Arbitration Mass Filings until the Bellwether Arbitrations and subsequent Global Mediation have concluded, and cooperate on any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings.  This Bellwether Arbitration provision shall in no way be interpreted as authorizing a class, collective, or mass action of any kind, or an arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.  The statutes of limitation applicable to each arbitration demand within a Mass Filing shall remain tolled from the time a party makes a Pre-Arbitration Demand to the time when that party files the arbitration demand with the arbitration provider.

(i) Settlement Offers and Offers of Judgment.  At least ten (10) calendar days before the date set for the arbitration hearing, you or the Company may serve a written offer of judgment upon the other party to allow judgment on specified terms.  If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly.  If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given as evidence in the arbitration.  If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer (which, solely for purposes of offers of judgment, may include reasonable attorneys’ fees to the extent they are recoverable by statute, in an amount not to exceed the damages awarded).

The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms.  For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual settlement offer(s) or offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.

(j) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 1 “Changes” above, if the Company changes any of the terms of this Section 19 “Dispute Resolution” after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice at optout@deepsouthtoday.org within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above, and providing:  (i) the URL of the website or name of the App associated with the updated Arbitration Agreement you would like to opt out of; (ii) first name; (iii) last name; (iv) email address, (v) phone number; and (vi) an unequivocal statement that you opt out of the changes to this Arbitration Agreement.  An opt-out notice that purports to opt out multiple parties will be invalid as to all such parties.  No individual may effectuate an opt out on behalf of other individuals.  By rejecting any change to this Arbitration Agreement, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the terms of this Section 19 “Dispute Resolution” as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

(k) Severability. With the exception of any of the provisions in Section 19(f) of this Agreement (“Class Action Waiver”), if any part of this Agreement is found to be invalid or unenforceable, then that provision will be severed; however, the other parts of this Agreement will still apply and shall be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.  If a court decides that any of the provisions in the Arbitration Agreement above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court.  All other disputes subject to arbitration under the terms of the Arbitration Agreement shall be arbitrated under its terms.

(l) DEPENDING ON THE NATURE OF YOUR CLAIM AND APPLICABLE LAW, THE ARBITRATION PROVISION AND JOINT-ACTION WAIVER DESCRIBED HERE MAY NOT APPLY TO YOU. 

20. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.

21. Information or Complaints. If you have a question or complaint regarding the Platform, please send an e-mail to info@deepsouthtoday.org. You may also contact us by writing to 750 Woodlands Parkway, Suite 100, Ridgeland, MS 39157, or by calling us at (601) 600-6201. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Platform infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Deep South Today’s Director of Product and Operations, Adam Schweigert as follows: By mail to 750 Woodlands Parkway, Suite 100, Ridgeland, MS 39157; or by e-mail to info@deepsouthtoday.org. Deep South Today’s phone number is (601) 600-6201. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

23. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

24. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Platform or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

Giveaway Terms & Conditions

All Giveaways covered by these Terms and Conditions are sponsored by Deep South Today dba Verite News (“Sponsor”). Each Giveaway is void where prohibited or where registration and/or bonding is required, including but not limited to Florida and New York. By entering, each entrant accepts and agrees to be bound by these Terms and Conditions. Failure to comply with these rules may result in disqualification.

HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Giveaway. Unless stated otherwise, the dates of the promotion begin and end as specified in the relevant announcement linking to and referencing these terms, including, but not limited to, Sponsor posts on Sponsor’s social media platforms and other announcements on Sponsor properties (each, a “Giveaway Announcement”). Entrants are limited to one entry and may enter the Giveaway by following the instructions in the relevant Giveaway Announcement. The Giveaway is in no way sponsored, endorsed, administered by, or associated with any social media platform, including, but not limited to, TikTok, Instagram, Facebook, X (formerly known as Twitter), and YouTube. By using these social media platforms, you agree to comply with their Terms of Use and Privacy Policy as well as with other applicable guidelines, including YouTube’s Community Guidelines, or will be disqualified. Entrants should not create multiple accounts to enter the Giveaway and entrants found using multiple accounts to enter the Giveaway will be deemed ineligible. By entering the Giveaway, you agree to release any applicable social media platform from any liability related to the Giveaway. All entrants will be required to provide their complete name and email address, as well as further identifying information that may be required for a specific giveaway, such as phone number and personal address. Sponsor will keep all entrants’ personal information confidential unless disclosure is required by law. Alternate Entry Method: Entrants may also send a 3” x 5” piece of paper with complete hand-printed name, phone number, and email address to Deep South Today, Attn: Giveaways, 750 Woodlands Parkway, Suite 100, Ridgeland, MS 39157. Mailed-in entries must be postmarked by the end date of the entry period specified in the Giveaway Announcement. All entries must be complete and legible in order to qualify, and will be void if they are, in whole or in part, incomplete, illegible, damaged, irregular, counterfeit, altered, or obtained through theft or fraud. Limit one entry per person, household address, email address or IP address for the duration of the Giveaway. All entries submitted online will be considered made by the authorized account holder of the email address. Duplicate or multiple entries will be disqualified. Use of any automated entry software is prohibited.

All entries become the property of Sponsor, and Sponsor reserves the right to use any information submitted by entrants. Sponsor is not responsible for lost, late, illegible, misdirected or mutilated entries, including due to technical/network failures, human error, or any other error or malfunction.

Entrants agree not to upload, post or transmit any materials that contain any computer viruses, Easter eggs, worms, Trojan Horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any

system, data or personal information. Any attempt to deliberately damage any web site or undermine the operation of the Giveaway is a violation of criminal and civil laws, and Sponsor reserves the right to seek damages from any person who makes such attempt(s). Entrants also agree not to provide or upload any content which is defamatory, threatening, distasteful, racist, unlawful or otherwise objectionable.

Entry materials that have been tampered with or altered are void. Any questions regarding the number of entries submitted by an individual or the authorized account holder of an email address shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Giveaway.

ELIGIBILITY: This Giveaway is open only to legal residents of the United States who are at least 18 years old at the time of entry. The Giveaway is void where prohibited or restricted by law or where registration and/or bonding is required. Employees, officers, and directors of Sponsor, and each of its parent companies, affiliates, subsidiaries, and the immediate family members and their family members or persons living in the same households of such individuals are not eligible to participate in Giveaways. By entering the Giveaway, participants agree to abide by these Terms and Conditions and to be bound by the decisions of the Sponsor. All federal, state, and local laws apply. Winner(s) will be required to sign and return to Sponsor within ten (10) calendar days a declaration of eligibility (except where prohibited) affirming their agreement to all terms, conditions, and restrictions in these Terms and Conditions.

RANDOM GIVEAWAY DRAWING: Sponsor will conduct a random drawing on the date specified in the applicable Giveaway Announcement. Odds of winning depend on the number of eligible entries received. Entering via a particular entry method will not increase the odds of winning. Winner(s) will be selected by random drawing by Sponsor from all eligible entries received within the applicable entry period. Winner(s) will be notified by email and/or phone. Sponsor is not responsible for any late, lost, misdirected, inaccurate, or undelivered emails or defects/delays in communication, including, but not limited to, human or computer failures, problems or errors, or interruptions in service. Winner(s) must meet all eligibility requirements including the execution and delivery of all necessary releases. If any attempted notification and verification of eligibility is not successful within ten (10) calendar days, the prize will be forfeited and Sponsor reserves the right to randomly select an alternate winner from among the remaining eligible entries.

PRIZES: The prize specified in the Giveaway Announcement will be awarded in connection with that Giveaway Announcement. Prizes will vary depending on the relevant giveaway and will be specified at the applicable Giveaway Announcement or related promotional material. Prizes for different giveaways may range in value. Prizes may not be exchanged or redeemed for cash, sold, or traded. No prize transfer, assignment, or substitution by Winner(s) is permitted. Sponsor reserves the right to substitute a prize, in which case a prize of equal or greater value will be awarded.

Winner(s) will be solely responsible for any and all local, state, and federal taxes, as well as any license and registration or other fees incurred by participation in the Giveaway, including but not

limited to any transportation costs, gratuities and other items of an incidental nature. Sponsor will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one-year period to the Internal Revenue Service. Winner(s) will receive a Form 1099 from Sponsor if Sponsor reports any winnings to the Internal Revenue Service.

CONDITIONS AND RESTRICTIONS APPLY: Winner(s) must continue to comply with all of these Terms and Conditions and winning is contingent upon fulfilling all requirements. Proof of U.S. residency, age, and identity are required to claim a prize. Winner(s) are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Giveaway. An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete. In the event that a winner is determined to be ineligible or fails to respond to Sponsor, as discussed below, the Prize will be forfeited and Sponsor reserves the right to randomly select an alternate winner from among the remaining eligible entries. Sponsor reserves the right to terminate the Giveaway without awarding the prizes if no eligible winner(s) or alternate winner(s) claim the prizes within the required time period.

Winner(s) will be required to execute and return to Sponsor a liability release and declaration of eligibility (except where prohibited) within ten (10) calendar days of notice of winning. In the event that a winner fails to execute and return a liability release and affidavit of eligibility (except where prohibited) within ten (10) calendar days of notice of winning, their prize may be forfeited and Sponsor may randomly select an alternate winner from among the remaining eligible entries.

Acceptance of prize constitutes permission for the Sponsor to use winner’s name and/or likeness for advertising and promotional purposes without additional compensation, unless prohibited by law. Names and email addresses of Giveaway participants may be used for future marketing solicitations by Sponsor, unless the participant opts out of such marketing uses.

LIMITATION ON LIABILITY: Sponsor will not be responsible for lost, late, damaged, defaced, incomplete, stolen, illegible, indiscernible, mutilated, illegally obtained, postage due or misdirected entries, or for any typographical or other error in the printing of the offer, administration of the Giveaway, or announcement of the prize and/or all Giveaway-related materials. Sponsor is not responsible or liable for any defect or delay in communication for telephonic or computer failures, errors, or interruptions in service. By entering this Giveaway, each entrant forever discharges, releases, and holds harmless Sponsor and each of its parent companies, subsidiaries, affiliates, and each of its directors, officers, employees, and agents from any and all liability, claims, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Giveaway, however caused. Sponsor makes no warranty, guaranty, or representation of any kind concerning any Giveaway prize and disclaims any implied warranty.

SPONSOR’S RESERVATION OF RIGHTS: These Terms and Conditions are subject to modification by Sponsor. In the event of a dispute, all decisions made by Sponsor are final and binding. Sponsor reserves the right, in its sole discretion, to disqualify any person who tampers with or abuses the entry process, or who otherwise acts in violation of these Terms and

Conditions. Sponsor further reserves the right, in its sole discretion, to cancel, terminate, or modify this Giveaway if, for any reason, the Giveaway is not capable of completion as planned, including due to force majeure or non-authorized human intervention that compromises or affects the administration, fairness, integrity, or proper conduct of the Giveaway.

DISPUTES: All Giveaways are governed by, and all issues and questions concerning the construction, validity, and enforceability of these Terms and Conditions, or the rights and obligations of the entrants, winners, and Sponsor in connection with any Giveaway, will be construed in accordance with the laws of the state of Louisiana, without giving effect to the conflict of laws rules thereof.

PRIVACY POLICY/DISCLOSURES OF INFORMATION: Sponsor may collect and use personal information that entrants provide to enter the Giveaway to actually conduct the Giveaway and contact the potential winner(s). Personal information includes any information that can be reasonably linked to a specific individual, including name, postal address, telephone number, and email address. As noted above, Sponsor (including any successors or assigns) may use names and email addresses of Giveaway participants for future marketing solicitations by Sponsor, unless the participant opts out of such marketing uses. Otherwise, no personal information that Sponsor collects in connection with the administration of the Giveaway will be sold or given to anyone who may contact entrants for any purpose not related to the Giveaway. Sponsor’s complete privacy policy can be located at: https://stg-veritenewsorg-staging.kinsta.cloud/privacy-policy-2/.

WINNER(S) LIST: For the name of winner(s), please send a self-addressed, stamped envelope to Deep South Today Giveaway Winner’s List, 750 Woodlands Parkway, Suite 100, Ridgeland, MS 39157. Winner’s list requests must specify the Giveaway for which the winner’s list is sought, per the following example: “Deep South Today Restaurant Week Giveaway Winner’s List,” and must be received by no later than three (3) months from the closing date of the relevant Giveaway entry period.