This page is intended to act as the full agreement by and between Lendnorth Financial (“We”, Us”) and the applying consumers (Consenting Party) also referred to as(“you”,”your”) throughout this agreement with respect to the use of electronic signature and the ability to deliver applicants their disclosures electronically.
Each Consenting Party authorizes Lendnorth Financial to use an electronic signature of the Consenting Party for all documents, agreements, attachments and addendums including, without limitation, security agreements and acknowledgements (the Documents) in any way connected to the transaction being entered into between the Consenting Party and Lendnorth Financial (the Transaction). This consent is specifically to permit electronic signature (as of the nature then in use by Lendnorth Financial) in lieu of hand-written signatures on any one or more of the Documents.
Lendnorth Financial consents to accept such signatures as true, correct and binding signatures of the Consenting Party and to enter into the Transaction in reliance thereon.
Each Consenting Party agrees that its electronic signature will be enforceable as and to the full extent of a hand-written signature as an original for enforcement/enforceability of the Documents containing the electronic signature(s), whether in court (provincial or federal), arbitration or otherwise. The Consenting Party will not raise any defenses or invoke regulatory or statutory claim attempting to invalidate the enforceability of the Documents to which the electronic signature is affixed.
NOTICES: Any notice from Lendnorth Financial to the Consenting Party shall be deemed given when mailed, postage paid, and addressed to any Consenting Party at the last address furnished by the Consenting Party to our firm.
ENTIRE AGREEMENT: This Agreement contains and constitutes the entire understanding between Us and each Consenting Party regarding the subject matter hereof and may not be modified amended, or terminated except by written agreement signed by Lendnorth Financial and each Consenting Party that such modification, amendment or termination affects. All prior subsequent oral agreements and/or discussions related to this agreement are superseded by this Agreement. Further, in the event of any conflict between the terms and provisions contained in this Agreement and any other document(s) relating to use of electronic signatures, the terms and provisions of this Agreement shall control.
BINDING EFFECT: The obligations hereof shall bind the heirs, executors, administrators, successors and assigns of each Consenting Party, and all rights, benefits and privileges herby conferred on by Us shall be and hereby are extended to and conferred upon and may be enforced by its successors and assigns. Further, if any Consenting Party is a partnership, the obligations hereof shall continue in force, and apply, notwithstanding any change in the membership of such partnership, whether arising from death or retirement of one of the partners or the accession of one or more new partners.
ENFORCEABILITY: Whenever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision of the remaining provisions of this Agreement.
HEADINGS: Section headings/titles are for convenience only and are not to be used in construing or interpreting this Agreement.
GOVERNING LAW: This Agreement shall be governed by the laws of Ontario except to the extent that federal law is controlling.
SYSTEM REQUIREMENTS: In order to access documents electronically, you will need a personal computer with Microsoft Internet Explorer version 9.0, 10.0 or 11.0, the latest version of Firefox, or the latest version of Chrome; Adobe Acrobat Reader 6.0 or newer; Internet access through an Internet Service Provider (ISP); and an email address. Adobe Acrobat Reader 6.0 may be downloaded at no cost on the Internet at http://www.adobe.com/, but all other software, hardware and systems must be provided at your cost.
By accepting this Agreement, you are agreeing that you have reviewed this Electronic Consent Agreement and consent to transaction business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures instead of using paper documents.
The loan for which you are applying involves various disclosures, records, and documents ("Loan Documents"), including this Electronic Consent Agreement. The purpose of this Electronic Consent Agreement is to obtain Your consent to receive certain Loan Documents from Us in electronic form rather than in paper form. With Your consent, You will also be able to sign and authorize these Loan Documents electronically, rather than on paper.
Before We can engage in this transaction electronically, it is important that You understand Your rights and responsibilities. Please read the following and affirm Your consent to conduct business with Us electronically. For purposes of this Electronic Consent Agreement, "eDisclosures" means the Loan Documents related to this transaction that are provided electronically, "You" and "Your" mean the borrower(s) under the applicable loan to which such Loan Documents apply, and "We", "Our" and "Us" mean the applicable mortgage broker(s), loan processor(s) or mortgage banker(s) with whom You are transacting business for such loan(s).
Lendnorth Financial provides you with the option to receive, electronically, certain documents related to your application, which are otherwise provided in paper form in person or by mail. Before you consent to receive these documents electronically, we want you to know: