PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. Ventas, Inc. ("Ventas") reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Ventas and shall be of no force or effect.
1. User Consent to Terms and Conditions of Service. You represent that you have read and agree to be bound by the terms and conditions of service ("TOS") for www.Ventasreit.com. You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS; (b) not to use the Service for illegal purposes; and (c) not to interfere or disrupt networks connected to the Service.
2. Intellectual Property. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
3. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the TOS. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of Ventas. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Ventas and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Ventas and such others. You agree to protect the proprietary rights of Ventas and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Ventas or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify Ventas in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
4. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT VENTAS' PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF VENTAS' COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING, BUT NOT LIMITED TO, OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF VENTAS. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF VENTAS' TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH VENTAS' CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF VENTAS' TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE, INCLUDING THE LINKING AND FRAMING POLICY.
5. License. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by Ventas ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
6. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Ventas, at all times be and remain the sole and exclusive property of Ventas. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Ventas for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use Ventas' Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Ventas' prior written approval.
7. Disclaimer and Limitation of Liability. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained within the Service, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and "AS AVAILABLE," and that Ventas makes no warranty of any kind, express or implied, as to the Service or Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. Ventas does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that Ventas, its Suppliers and its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Ventas, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Ventas by any other party; or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by Ventas. Ventas is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. Ventas does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. Ventas is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access the Service. You understand that Ventas and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
8. Further Disclaimer and Limitation of Liability. You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service includes information taken from stock and other exchanges from around the world, including the New York Stock Exchange, American Stock Exchange, NASDAQ and other sources; (iii) Ventas does not guarantee the sequence, accuracy, completeness or timeliness of the Service; and (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Ventas is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Ventas, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (ii) delays, errors or interruptions in the transmission or delivery of the Service; or (iii) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL VENTAS, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF VENTAS HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Ventas' total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
10. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOS.
11. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless Ventas and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against Ventas, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Ventas, its employees, representatives, Suppliers and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. Ventas 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 fully cooperate with Ventas in asserting any available defense. You acknowledge and agree to pay Ventas' reasonable attorney fees incurred in connection with any and all lawsuits brought against you by Ventas under the TOS and any other terms and conditions of service on www.Ventasreit.com, including without limitation, lawsuits arising from your failure to indemnify Ventas pursuant to the TOS.
12. Termination. Either you or Ventas may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. The TOS will terminate immediately without notice from Ventas if you, in Ventas' sole discretion, fail to comply with any provision of the TOS. Upon termination by you or Ventas, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections two through thirteen (2-13) and fifteen through twenty (15-20) shall survive any termination of the TOS.
13. Governing Law. The TOS shall be governed and construed in accordance with the laws of the United States and the State of Kentucky, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Jefferson County in the State of Kentucky with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.
14. United States Export Control & Foreign Asset Control Regulations. Ventas does not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws. Software from the Service is further subject to United States export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, controlled by or a national or resident of any such country or on any such list.
15. Miscellaneous. You accept that Ventas has the right to change the content or technical specifications of any aspect of the Service at any time at Ventas' sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of Ventas to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
16. Headings. The section titles in the TOS are used solely for the convenience of you and Ventas and have no legal or contractual significance.
17. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
18. Entire Agreement. The TOS and any other terms and conditions of service on Ventasreit.com, and its successor, constitute the entire agreement between you and Ventas and govern your use of the Service.
B. LINKING AND FRAMING TERMS AND CONDITIONS
PLEASE READ THESE LINKING AND FRAMING TERMS AND CONDITIONS ("L&F TERMS") BEFORE LINKING TO OR FRAMING THIS WEB SITE. YOU MAY NOT LINK TO OR FRAME THIS WEB SITE UNLESS YOU ACCEPT AND COMPLY WITH THESE L&F TERMS AS WELL AS ALL OTHER TERMS AND CONDITIONS OF SERVICE ON THIS WEB SITE. From time to time, Ventas may modify the L&F TERMS. Accordingly, please review the L&F TERMS from time to time. Your continued establishment of a link to this Web site or your continued framing of this Web site after the posting of modifications to the L&F TERMS will constitute YOUR ACCEPTANCE OF THE L&F TERMS, as modified. If, at any time, you do not wish to accept the L&F TERMS, you must discontinue linking to or framing this Web site. Any terms and conditions proposed by you which are in addition to or which conflict with these L&F TERMS are expressly rejected by Ventas and shall be of no force or effect.
1. User Assent to Terms and Conditions for this Web site. By linking to this Web site, you represent that you have read and agree to be bound by the L&F TERMS. You further represent that you have read and agree to be bound by the Terms and Conditions of Service for this Web site as set forth above in Section A ("TOS"), as well as all other terms and conditions of service on this Web site.
2. Intellectual Property. You acknowledge that this Web site, including but not limited to the text, content, photographs, video, audio, and graphics thereon, has been specially designed by Ventas for presentation in a unique format and appearance, with Ventas' look and feel (collectively "Look and Feel"), and that such Look and Feel is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. Upon linking to this Web site pursuant to the L&F TERMS, you will be granted a non-exclusive, non-transferable, royalty-free license to use the VENTAS mark solely for providing an underlined, textual link from your Web site to www.Ventasreit.com. No other use of Ventas' marks or name is permitted without express prior written permission from Ventas.
3. Restrictions on Linking to the Home Page of this Web Site. Without limiting the provisions contained in the TOS, you may include a link(s) on your Web site to the www.ventasreit.com home page, currently located at http://www.ventasreit.com ("Home Page"); provided that you first fill out the registration form below. In addition, you may not link to www.Ventasreit.com any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
4. Restrictions on Other Linking and Framing Activities. Ventas is concerned about the integrity of this Web site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, Ventas is concerned with activities such as linking to an internal or subsidiary page of this Web site that is located one or several levels down from the Home Page ("deep linking"), or bringing up or presenting content of this Web site within another Web site ("framing"). In this regard, without limiting the provisions contained in the TOS, you must make a specific request for, and secure permission from, Ventas prior to deep linking to, or framing, this Web site or any of its content, or engaging in similar activities. If you would like to deep link to or frame this Web site, or any of its content, you must request permission from Ventas by writing to info@ventasreit.com . Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed deep linking or framing will occur; and (d) specific details about the contemplated deep linking or framing activities, including the content or Web page(s) of this Web site to which you would like to deep link or frame.
C. INQUIRIES REGARDING WWW.VENTASREIT.COM CONTENT Click here for inquiries regarding www.Ventasreit.com content.
Click here for the Ventas FAQ.
D. INTELLECTUAL PROPERTY ISSUES
1. General Inquiries: Please send general inquiries regarding intellectual property issues to info@ventasreit.com.
2. Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act): The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: Ventas, Inc., 4360 Brownsboro Road, Suite 115, Louisville, KY 40207-1642, telephone (502) 357-9020, facsimile (502) 357-9029, e-mail: info@ventasreit.com.
3. Trademark Notice: VENTAS and the Triangle design are trademarks and service marks of Ventas, Inc. All rights reserved.
E. PRIVACY POLICY FOR THE VENTAS WEB SITE
Click here for the Ventas Web Site privacy policy.

