MPT TERMS AND CONDITIONS OF USE

Introduction
Welcome to the medicalpropertiestrust.com website. Medical Properties Trust, Inc. ("MPT") created and maintains this website to provide information to and communicate better with investors, tenants and others who may be interested in learning more about MPT and its business. By using any feature of medicalpropertiestrust.com (the "MPT Website"), you are acknowledging your consent to the following terms and conditions.

Please take a few minutes to carefully review these terms, conditions, and notices contained or referenced herein (the "Terms of Use"). By accessing and using this website you agree to follow and be bound by these Terms of Use. If you do not agree to follow and be bound by these Terms of Use, you may not access, use or download materials from this website.

These Terms and Conditions May Change
MPT reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the MPT Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use every time you use the MPT Website. These Terms of Use were last revised on November 9, 2004.

Third Party Sites
The MPT Website may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of MPT, and you acknowledge that MPT is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by MPT or any association with its operators.

Links to the MPT Website
All links to the MPT Website must be approved in writing by MPT.

Proprietary Rights
You acknowledge and agree that all content and materials available on the MPT Website (the "Content") are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by MPT, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Content. Systematic retrieval of Content from the MPT Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MPT is prohibited. In addition, use of the Content for any purpose not expressly permitted in these Terms of Use is prohibited.

Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the MPT Website is strictly prohibited without the express written permission of MPT. You may download, store, print, and copy selected portions of the Content of the MPT Website, provided you:

  • only use the Content you download for your personal, noncommercial use or to further your business dealings with MPT;
  • do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of MPT;
  • do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of MPT; and
  • do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.

No right, title or interest in the downloaded Content is transferred to you when you download Content from the MPT Website. MPT reserves all intellectual property rights in any Content you download from the MPT Website.

Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of the MPT Website without first obtaining written permission from MPT.

Trademark Notice
All rights in the product names, company names, trade names, logos and designs of all MPT or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to MPT or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this site confers on you any license or right under any patent or trademark of MPT or any third party.

User Provided Information and Content
By posting or submitting content to the MPT Website, you:

  • grant MPT and its affiliates and licensees an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, and for any purpose;
  • warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by MPT will not infringe or violate the rights of any third party;
  • agree that you will not post or submit to the MPT Website any content that is defamatory, threatening, obscene, harassing, or otherwise unlawful in any respect;
  • acknowledge that all non-personal information contained in your message, including feedback data, such as questions, comments, suggestions, or the like (collectively "Feedback") will be considered to be non-confidential. MPT shall have no obligations of any kind with respect to such Feedback, and shall be free to reproduce, use, disclose, exhibit, display, transform, commercialize, create derivative works and distribute the Feedback to others without limitation. Further, MPT shall be free to use any ideas, inventions, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products incorporating such Feedback.

Disclaimer Of Warranties
ALL CONTENT AVAILABLE THROUGH THE MPT WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MPT, ITS SUBSIDIARIES AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE MPT WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEB CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE MPT WEBSITE AND THE CONTENT IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MPT, ITS SUBSIDIARIES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE MPT WEBSITE OR THE CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MPT'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
Upon a request by MPT, you agree to defend, indemnify, and hold harmless MPT and its subsidiaries and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys' fees that arise from your use or misuse of the MPT Website or the Content. MPT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MPT in asserting any available defenses.

International Use
MPT makes no representation that materials on the MPT Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the MPT Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice Of Law And Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules. If any of these Terms of Use is determined to be void, unlawful or unenforceable, the validity and enforceability of the remaining Terms of Use shall not thereby be affected or impaired.

Severability And Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and MPT with respect to the MPT Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MPT with respect to the MPT Website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination
MPT reserves the right, in its sole discretion, to terminate your access to all or part of the MPT Website, with or without notice.