HCP

Legal Information

Terms of Use
By using the websites hosted by HCP, Inc. and its affiliates (collectively referred to as “HCP”), you agree to all of the terms and conditions outlined herein. If you do not agree with these Terms of Use, please do not use the HCP websites.

Changes
HCP reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time by posting revised Terms of Use on the HCP website. Changes in these Terms of Use will be effective when such change is posted. Your continued use of the HCP website after any changes to these Terms of Use are posted will be considered acceptance of those changes. HCP may terminate, change, suspend or discontinue any aspect of the HCP website, including the availability of any features of the website, at any time. HCP may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability. HCP may terminate the authorization, rights and license given herein.

Copyright and Trademarks
All content included on the HCP website, such as text, graphics, logos, button icons, images, and software, is the property of HCP or its content suppliers and is protected by United States and international copyright, trademark or other laws. Except for a single copy made for personal use only, you may not copy, modify, reproduce, republish, upload, post, transmit or distribute any contents of these pages without the express written permission of HCP. Nothing contained herein confers by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of HCP. All rights reserved.

Use of Content
All information and content included on the HCP website is provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. HCP strives to provide accurate and up-to-date material on our website. However, HCP makes no warranties or representations as to the accuracy or timeliness of the material provided through this website. HCP assumes no liability or responsibility for any errors or omissions on this website.

Other Sites
For your convenience, HCP may provide links to websites belonging to other companies, including affiliates of HCP. Those sites are not under the control of HCP and we do not monitor, make any representation with respect to or assume any liability with respect to any third-party sites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party sites. The fact that HCP has provided a link to such sites is not to be interpreted as an endorsement of their contents. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present in this website or in any such third-party sites.

Securities of HCP
HCP is not providing investment advice through this website, and the material on the website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of HCP. If you decide to use any material available on this website in assessing whether to buy or sell securities of HCP, please be aware that the material on the website reflects past performance and historical information only, and that such performance and information is not necessarily an indication of future performance. See “Forward-Looking Statements” below.

Forward Looking Statements
“Safe Harbor” Statement under the Private Securities Litigation Reform Act of 1995: The statements contained in this website, which are not historical facts, are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These statements are made as of the date hereof, are not guarantees of future performance and are subject to known and unknown risks, uncertainties, assumptions and other factors—many of which are out of the Company and its management’s control and difficult to forecast—that could cause actual results to differ materially from those set forth in or implied by such forward-looking statements.  These risks and uncertainties include but are not limited to: changes in global, national and local economic conditions, including a prolonged period of weak economic growth; volatility or uncertainty in the capital markets, including changes in the availability and cost of capital (impacted by changes in interest rates and the value of our common stock), which may adversely impact our ability to consummate transactions or reduce the earnings from potential transactions; the Company’s ability to manage its indebtedness level and changes in the terms of such indebtedness; the effect on healthcare providers of the recently enacted and pending Congressional legislation addressing entitlement programs and related services, including Medicare and Medicaid, which may result in future reductions in reimbursements; the ability of operators, tenants and borrowers to conduct their respective businesses in a manner sufficient to maintain or increase their revenues and to generate sufficient income to make rent and loan payments to the Company and the Company’s ability to recover investments made, if applicable, in their operations; the financial weakness of some operators and tenants, including potential bankruptcies and downturns in their businesses, which results in uncertainties regarding the Company’s ability to continue to realize the full benefit of such operators’ and/or tenants’ leases; changes in federal, state or local laws and regulations, including those affecting the healthcare industry that affect the Company’s costs of compliance or increase the costs, or otherwise affect the operations of operators, tenants and borrowers; the potential impact of future litigation matters, and the possibility of larger than expected litigation costs, adverse results and related developments; competition for tenants and borrowers, including with respect to new leases and mortgages and the renewal or rollover of existing leases; the Company’s ability to negotiate the same or better terms with new tenants or operators if existing leases are not renewed or the Company exercises its right to replace an existing operator or tenant upon default; availability of suitable properties to acquire at favorable prices and the competition for the acquisition and financing of those properties; the financial, legal, regulatory and reputational difficulties of significant operators of the Company’s properties; the risk that the Company may not be able to achieve the benefits of investments within expected time-frames or at all, or within expected cost projections; the ability to obtain financing necessary to consummate acquisitions on favorable terms; risks associated with the Company’s investments in joint ventures and unconsolidated entities, including its lack of sole decision-making authority and its reliance on its joint venture partners’ financial condition and continued cooperation; changes in the credit ratings on U.S. government debt securities or default or delay in payment by the United States of its obligations; and other risks and uncertainties described from time to time in the Company’s Securities and Exchange Commission filings. The Company assumes no, and hereby disclaims any, obligation to update any of the foregoing or any other forward-looking statements as a result of new information or new or future developments, except as otherwise required by law.

Limitation of Liability
Under no circumstances shall HCP be liable to you or any third-party for any damages whatsoever, including but not limited to any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if HCP has been advised of the possibility of such damages) or on any theory of liability, arising out of, in connection with or resulting from: (i) your use or inability to use the website; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statement or conduct or any third party on the website; or (iv) any other matter relating to the website.