MY MORTGAGE^® TERMS OF USE
(www.firstnational.ca/mymortgage)

PART A: GENERAL

“You”, “your” and “account holder” means the mortgage account holder(s), and “we”, “us” and “our” means First National Financial LP and its affiliates and subsidiaries (collectively “First National”). The meanings given to terms defined in these terms of use (“Terms”) shall be equally applicable to both the singular and plural forms of such terms, unless the context clearly indicates otherwise.

These Terms governs your use of the My Mortgage^® customer portal regardless of the technology you use to access this service. You understand that we may add, remove, or change any part or feature of the My Mortgage^® customer portal at any time, without giving notice to you. From time to time, we may modify My Mortgage^®, our Website or these Terms, or we may end any of the Services or these Terms at any time. Your access as use of My Mortgage^® after such changes means that you agree to and accept these Terms, as amended. If you do not agree, you must immediately cease using My Mortgage^®. We reserve the right to terminate or suspend your use of My Mortgage^® in whole or in part at any time, for any reason, without notice and without liability.

These Terms must be read together with any other existing and future agreements that you have with us and any terms, conditions or disclaimers provided on our Website. If there is a conflict between a term in these Terms and any other agreement with us, the term of the other agreement will apply to the extent necessary to resolve the conflict.

Capitalized terms in these Terms are defined in Part E (Definitions) below.

PART B: PASSWORDS, INSTRUCTIONS AND SECURITY

1. Multi-Factor Authentication: To enhance the security of your account and protect against unauthorized access, MFA is mandatory for all users accessing My Mortgage^®. Upon each login attempt, you must successfully complete an MFA process that includes the use of a One Time Password (OTP). The OTP will be sent to the registered mobile number or email address and must be entered within an allotted time frame to gain access. Access to My Mortgage^® will not be granted without successful completion of this authentication step. By using My Mortgage^®, you agree to maintain accurate contact information to ensure uninterrupted delivery of OTPs and acknowledge that failure to complete MFA may result in denial of access to the My Mortgage^® portal and associated Services.

   
   

2. Passwords: You will select your own unique User ID and Password to access My Mortgage^® after completing our security registration and verification process. You agree to keep your Password (including any OTP) absolutely confidential. You accept that you are at all times responsible for your User ID, Password (including any OTP) and answers to the security questions. You agree not to use your User ID, Password or My Mortgage^® for any illegal or improper activities.

   If you have locked yourself out of My Mortgage^® or have forgotten your Password, there is a Password reset feature available online.

   You are responsible for the safekeeping of your User ID and Password. This includes:

   • memorizing your Password and avoiding a Password which may be easy for someone to guess or which is directly associated with you;
   • avoiding a Password which repeats or which you have previously used in another context;
   • protecting yourself from phishing by not responding to pop-ups, emails or other electronic requests that ask you to reveal personal information about yourself, and by not clicking on links in or replying to emails that seem suspicious; and
   • not sharing your Password with others.
   
   

3. Use of Anti-Virus Software and Signing Off: You acknowledge that your computer you use may be vulnerable to viruses or online attacks that seek to intercept sensitive information that you provide through the internet. To reduce the chances of harm, you should ensure that any Electronic Device you use to access My Mortgage^® has an up-to-date anti-virus program, anti-spyware program and a firewall to prevent unauthorized access to your account, if such security measures are available for your Electronic Device. You must sign off of My Mortgage^® and close your browser as soon as you finish using it. The internet is a public network and there is a possibility of data security violations. In the event of such occurrences, we are not responsible for any damages you may experience as a result.

   
   

4. Email: You acknowledge that emails sent over the internet are not secure and may be lost, intercepted, or altered. Except where another agreement with us says otherwise, you agree that we are under no obligation to accept or act on any Instructions you provide to us by email. If you send us confidential or personal information by email, we will not be liable if it is lost or intercepted, altered or misused by someone else. If you send us an e-mail, you agree that we may (at our sole discretion) respond to you by e-mail, and provide by e-mail any confidential information that you have requested; you also agree we will not be liable if the information we provide to you by e-mail is lost or intercepted, altered or misused by someone else.

   
   

5. Joint Account and Multiple Accounts:

   1. (i)Joint Account: If your loan has more than one account holder (e.g. a co-borrower), you acknowledge and agree that all account holders may open a My Mortgage^® online account for the account(s) in question and that any Instructions provided by any one of the account holders that is submitted through My Mortgage^® is sufficient to process a request. First National is not required to confirm or verify the Instruction(s) submitted through My Mortgage^® with any other account holders on an account. You acknowledge and confirm that a joint-Account holder may view and have access to the personal information of the other account holder on My Mortgage^®.

   2. (ii)Multiple Accounts: If you have more than one account with us, you acknowledge and confirm that your accounts may be linked together on My Mortgage^®.

   
   

6. Security Credentials: You agree to notify us immediately if you believe your Username, Password, or MFA methods have been used without your consent, obtained by person(s) not authorized on your account, or compromised in any way. It is your obligation to contact us immediately at 1.888.488.0794 or by email at care@firstnational.ca.

   
   

7. Instructions: You acknowledge that each Instruction(s) (including your electronic acceptance of these Terms and any other online agreements) that you provide to us via Electronic Communication is final. You agree that we may rely on your Instructions as if you had provided us with a paper copy of them. You agree that you will be solely liable for electronic transactions that are conducted by us on your Instructions, and for any losses that may arise from these transactions. Our records of your Instructions will be binding on you in a dispute, including any legal proceedings, unless you provide clear proof that our records are wrong or incomplete. You agree that we may decline to act on an Instruction if we suspect that the Instructions are not from you, are inaccurate or unclear, have not been properly authorized by you, or are provided by you for some illegal purpose. We will not be liable if we decline to act on an Instruction in these circumstances.

   
   

8. Records: We will maintain a database of your Instructions and communications. Our records of your Instructions will be conclusive evidence and binding on you in a dispute, including any legal proceedings, unless you provide clear proof that our records are wrong or incomplete.

PART C: PROVISIONS FOR MY MORTGAGE^®

9. Fees: When you conduct transactions through My Mortgage^®, you may be subject to a transaction fee or administrative charge, if any, provided under the agreements governing your accounts and Services. These fees and charges will be billed to you, as set out in the agreements you entered into with us. Any additional fees or charges specific to the use of My Mortgage^® will be disclosed to you online with prior notice.

   
   

10. No Liability for Information Services: Neither we nor our Information Providers will be liable to you or others for losses, damages or expenses of any type arising from the Online Information. As examples only, neither our Information Providers nor we will be liable if the information provided (including interest rate quotations): does not meet your needs, or is not suitable for any particular purpose; is not timely, in sequence, or accurate; or is unavailable at any time. Our Information Providers may enforce the terms of these Terms against you.

    
    

11. Interest Quotations: Time delayed or real-time interest rate quotations included in the Online Information may not reflect the current market rates and are not intended to provide tax, financial, investment, accounting or legal advice. Rates are subject to change without notice. Although we do our best to ensure that our Website and My Mortgage^® are always accessible, functioning properly, and contain accurate and up to date information, we are supplying them on an “as is” basis, without warranty of any kind, either express or implied.

    
    

12. Access to Website and My Mortgage^® Portal: You agree that you will not use My Mortgage^®, the Online Information or our Website for any illegal or improper purpose, or take steps that would have a negative impact on the security, integrity or functioning of our technological systems. You further agree not to use a third party’s website, software or service to access My Mortgage^®, Online Information or our Website, or to stream any information we provide, including interest quotations or any other Online Information.

    
    

13. Monitoring: We may monitor your online access to ensure the Services we provide to you are being used responsibly and in accordance with these Terms.

    
    

14. Suspension: You understand and accept that we may suspend or revoke your User ID and Password or withdraw your access to My Mortgage^® at any time without notice in the following circumstances:

    • if we suspect unauthorized use of your personal information or your User ID and Password;
    • as a security measure;
    • for administrative reasons; or
    • if you fail to abide by these Terms.

    If your access is suspended or terminated at any time, these Terms will continue to apply in respect of your past access and use. We will not be liable for any losses, damages, expenses or inconvenience that result from our withdrawal of your access.

PART D: LEGAL AND OTHER TERMS

15. No Indirect Damages, No Warranties: We will only be liable, if applicable, to you for direct damages resulting from any fraud, gross negligence or willful misconduct on the part of First National arising directly from the performance of First National and its responsibilities under these Terms.

    We will not be responsible for any direct, indirect, special, punitive or consequential damages however caused, arising out of your use of My Mortgage^®, including damages resulting from or related to the installation, use, or maintenance of personal computer, equipment, software, or if there is a reduced level or failure to provide any service caused by any third party service provider retained by us. We shall not be liable for any third-party claims or losses of any nature, including lost profits, punitive or consequential damages. First National will not be accountable for any loss or damages that you may suffer if you fail to protect your Login ID and Password or your personal information. We disclaim any warranties and conditions (including any oral, implied or statutory warranties and conditions) regarding the nature, quality or character of My Mortgage^®, the Online Information, the Website and the Services.

    
    

16. No Liability in Certain Cases: we will not be liable for any direct or indirect losses, damages or expenses of any kind (including any special, incidental or consequential damages or any damages for loss of profit, business or opportunity) arising out of the following, regardless of the cause of action, including negligence, and even if we are advised of the possibility of such damages: (i) any input errors you make; (ii) your failure to sign off of My Mortgage^® after you finish using it; (iii) failure to use up to date virus-scanning software and a firewall on the Electronic Device you use to access My Mortgage^®; (iv) government restrictions or actions; (v) the availability or unavailability of the internet, or other infrastructure-communication system failures or delays (including errors or interruptions of My Mortgage^® that result from acts beyond our reasonable control including, (vi) any delays resulting from acts of God, strikes, postal interruptions, lockouts, riots, epidemics, fire, equipment or software malfunctions; (vii) any illegal or fraudulent use of your User ID, Password or OTP; (viii) any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of My Mortgage^®; (ix) any and all computer viruses, malicious code, or other defect in My Mortgage^® or for the incompatibility between the Website and your browser or mobile device access My Mortgage^®; or (x) circumstances where we have indicated that we will not be liable or responsible in these Terms. These limitations apply to any act or omission of us or our employees, officers, directors, affiliates, agents or suppliers, including any negligent acts or omissions of such persons, and to any losses resulting from such act or omission, even if we were advised of the possibility of damages, regardless of the form or the basis of action, including a cause of action in contract, tort (including negligence), statute or any other doctrine of law.

    
    

17. Accessing My Mortgage^® Outside of Canada: You acknowledge and agree that while you may access My Mortgage^® from other jurisdictions outside of Canada, some aspects of the Services or some information on My Mortgage^® may not be available to you in those jurisdictions. We are only offering to you Services that are legally permitted in the jurisdictions from which you access the Website, or My Mortgage^®, whether through mobile or otherwise. If you access or use My Mortgage^® or the Website outside of Canada, you do so at your own risk, and you bear all responsibility for compliance with any local, provincial, national, or international laws that are applicable to such access or use of My Mortgage^® or the Website by you.

    
    

18. Intellectual Property: All information found on our Website or on My Mortgage^® to provide the Services are protected under the copyright laws of Canada and in other countries are proprietary to, and owned by us. Unless otherwise specified by us, no one has permission to copy, redistribute, reproduce or republish, in any form, any information found on our Website.

    You agree not to sell, distribute or commercially exploit the information or tools available to you online on My Mortgage^® or our Website. You further agree not to use the information or tools except for your own personal use. Nothing in these Terms or on the Website will be construed as providing you with any right, title, and interest in or to any of First National’s intellectual property rights, or to grant you any licenses, whether by implication or otherwise.

    
    

19. Governing Law: Except if prohibited by the laws of your jurisdiction, these Terms will be governed by the laws of Ontario and the laws of Canada applicable in Ontario.

    
    

20. Severability: If any term of these Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining terms shall remain in full force and effect.

    
    

21. Language: For Québec residents only: You acknowledge and agree that you have first been presented with and have examined the French version of this Agreement, and that you then have expressly requested that this Agreement, and all related documents including notices, be drawn up in the English language and that you wish to and agree to be bound by the English version of this Agreement. Vous reconnaissez et convenez que la version française de la présente entente vous a d'abord été présentée et que vous l'avez examinée, et que vous avez ensuite expressément demandé que la présente entente et tous les documents connexes, y compris les avis, soient rédigés en anglais et que vous souhaitez être lié par la version anglaise des présentes et que vous acceptez de l'être.

PART E: DEFINITIONS

• “account” means any account(s) you have with us and accessible on My Mortgage^®;

• “Electronic Communication” means any communication by telephone, email, text (SMS), social media, online chat, fax, or other method of telecommunication or electronic transmission;

• “Electronic Device” means any electronic device that we allow you to use to access My Mortgage^® including, a personal computer, cellular phone, telephone, mobile device, wearable device, personal digital assistant, computer at work, the library, an internet café or another public place;

• “including” means including but not limited to;

• “Information Provider” means a supplier, vendor or service provider who provides us, directly or indirectly, with services in connection with our business or the My Mortgage ^® portal;

• “Instruction(s)” means an instruction by you that is electronically communicated to us after you have been identified electronically or authenticated through My Mortgage^® by answering security questions or by MFA;

• “MFA” refers to multi-factor authentication, which includes the delivery of a unique OTP retrievable by email, text or voice call;

• “OTP” means a One Time Passcode used to authenticate your access to your My Mortgage^® account. The OTP is valid for a fixed period of time, which will expire; it can only be used once and is sent only to the email address or mobile number registered in your My Mortgage^® account profile. We will send you an OTP in order to complete the initial login process. The OTP will be sent to you via email, text (SMS) or phone call depending on your chosen method of delivery.

• “Online Information” means any information services we may make available on our Website, including news, updates, interest rates, quotes, information about events and our third parties and partners, or links to third party sites;

• “Password” means your unique password to sign into and access My Mortgage^® or any other information you have provided that will allow us to identify you if you forget your password. If we send you an OTP as part the MFA process, your password includes such OTP until you use it or it expires;

• “Service” means any services and/or products you can access through My Mortgage^®;

• “User ID” means the user ID you use to sign into My Mortgage^®; and

• “Website” means the website operated by us through which you sign into My Mortgage^® (My Mortgage^® is accessible at (https://www.firstnational.ca/residential/my-mortgage).

DO NOT ACCESS MY MORTGAGE^® IF YOU DO NOT AGREE WITH THESE TERMS OF USE.