MPT WEBSITE TERMS AND CONDITIONS OF USE

Last Modified: May 2020

Introduction
Welcome to the medicalpropertiestrust.com website. These terms of use are entered into by and between you and Medical Properties Trust, Inc. (“MPT,” the “Company,” “we,” “us,” “our”). The following terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of this website, including any content, functionality, and services delivered through the domain medicalpropertiestrust.com (collectively, the “MPT Website” or the “Site”). By using or accessing the Site or by clicking to accept or agree to these Terms of Use when this option is made available to you, you are acknowledging your consent and you signify your agreement to be bound by these Terms of Use and the Company’s Privacy Notice, which can be found at: https://medicalpropertiestrust.com/content.asp?id=314661 and is incorporated herein by reference. All information we collect on this Site is subject to our Website Privacy Policy. 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.

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. If any part of these Terms of Use or any future changes to these Terms of Use are not acceptable to you, you must not use or access the Site.

Eligibility

THIS SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER.

YOU MAY NOT USE, ACCESS, OR REQUEST SERVICES FROM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.

BY USING THE SITE OR OBTAINING SERVICES FROM THE SITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS AND YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT USE OR ACCESS THE SITE.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Informational Content

The information presented on or through the Site is made available solely for informational purposes. MPT uses reasonable efforts to update the information on the Site. However, the contents of the Site are subject to change without notice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Please contact us at the contact information provided below if you have questions about the information presented on the Site.

 

Third-Party Sites

This Site contains links to other internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms of use, if any, that each of those sites have posted. We have no control over third-party sites and we are not responsible for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link or the companies that own or operate the material or linked sites.

Links to the MPT Website

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

Modifications, Interruption of Service, and Account Security

The Company reserves the right to modify or discontinue this Site with or without notice to the user. The Company shall not be liable to users or any third party should the Company exercise its right to modify or discontinue the Site. We do not guarantee continuous, uninterrupted or secure access to our Site. The operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Notice.

Information About You and Your Visits to the Website

All information we collect on this Site is subject to our Website Privacy Policy.

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. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only.

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 on 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

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THIS SITE IS AT YOUR OWN RISK. THE SITE, ALL CONTENT AVAILABLE THROUGH THE MPT WEBSITE, AND ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS 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. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MPT, ITS SUBSIDIARIES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR ITS LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, ANY CONTENTS ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA. 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.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST 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, agents, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys’ fees that arise from these Terms of Use or 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.

Geographic Restrictions

MPT is based in the United States with headquarters the State of Alabama. MPT provides this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your 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. The courts of the State of Alabama shall have exclusive jurisdiction over all disputes arising in connection with these Terms of Use and the place of performance of these Terms of Use is agreed by you to be the State of Alabama. 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

These Terms of Use, together with any documents expressly referred to in them, 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.

No Waivers

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this prohibition on assignment is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

Notices

We may provide any notice to you under these Terms of Use by posting to the Site. Notices we provide by posting will be effective upon posting.

To give us notice under these Terms of Use, you must contact us as follows: (i) by sending a message to the Contact Information provided at the end of these Terms of Use; or (ii) by personal delivery, overnight courier, or registered or certified mail to the Contact Information provided at the end of these Terms of Use. We may update the email address or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

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.

Contact Information

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to the Company at:

Medical Properties Trust, Inc.

Attn: Privacy Officer

1000 Urban Center Drive

Suite 501

Birmingham, AL 35242

205-969-3755