Terms & Conditions

These Terms and Conditions govern your access to and use of www.firstna.com, including its pages, articles, forms, tools, account-access links, and other website features collectively referred to as the “Website.”

The Website is owned or operated by First National, referred to in these Terms as “First National,” “we,” “us,” or “our.”

By accessing or using the Website, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree to these Terms, do not use the Website.

1. Website Purpose

The Website provides general information about First National, commercial real estate financing, commercial loan programs, property types, lending considerations, the loan process, and related financial and business topics.

The Website is intended primarily for business and commercial purposes. It is not intended to provide consumer mortgage services or personal financial advice.

2. No Offer, Approval, or Commitment to Lend

Nothing on the Website constitutes:

  • An offer to make a loan

  • A commitment to lend

  • A loan approval

  • A guarantee of financing

  • A promise that a transaction will close

  • A representation that any person, business, property, or project will qualify for financing

Submitting an inquiry, contacting a banker, receiving preliminary information, discussing possible terms, or providing documents does not obligate First National to approve, process, or fund a loan.

Any financing transaction is subject to underwriting, due diligence, property review, valuation, credit approval, verification of information, satisfactory documentation, legal review, and any other conditions established by First National.

A formal letter of intent, commitment, term sheet, loan agreement, or other transaction document will be governed by the specific terms contained in that document. If there is a conflict between these Website Terms and a signed transaction document, the signed transaction document will control with respect to that transaction.

3. Loan Information and Illustrations

Descriptions of loan programs, possible rates, loan amounts, leverage, loan-to-value ratios, debt-service requirements, repayment structures, closing timelines, and other financing terms are provided for general informational purposes only.

Actual terms will depend on factors that may include:

  • The borrower’s financial condition and experience

  • The property type and location

  • Property value and operating performance

  • Available collateral

  • Market conditions

  • Credit history

  • The requested loan amount

  • Project feasibility

  • Applicable laws and regulations

  • First National’s underwriting requirements

Loan programs, lending criteria, interest rates, fees, property eligibility, and other terms may be changed, suspended, or withdrawn at any time without notice.

Past transactions and examples displayed on the Website do not guarantee that similar financing will be available or approved in the future.

4. No Financial, Legal, Tax, or Investment Advice

Website content is provided for general informational and educational purposes. It is not intended to constitute financial, legal, tax, accounting, investment, appraisal, engineering, environmental, or other professional advice.

You should consult your own qualified advisors before making decisions involving financing, purchasing, refinancing, developing, constructing, operating, or investing in commercial real estate.

Your use of the Website does not create an advisory, fiduciary, attorney-client, broker-client, or similar professional relationship between you and First National.

5. Eligibility and Authority

By using the Website or submitting information through it, you represent that:

  • You are at least 18 years old.

  • You have the legal capacity to agree to these Terms.

  • Any information you submit is truthful and accurate to the best of your knowledge.

  • You have authority to provide information on behalf of any business, borrower, sponsor, owner, or other entity you represent.

  • Your use of the Website complies with applicable laws and regulations.

We may decline to respond to or process any submission that appears incomplete, inaccurate, misleading, fraudulent, unlawful, or outside our lending parameters.

6. Information and Documents You Submit

You may choose to submit contact information, project information, financial information, property information, business information, or other materials through the Website or through communications initiated from the Website.

You are responsible for ensuring that the information and documents you provide are complete, current, and accurate.

Submission of information does not create a confidential, lending, servicing, advisory, or contractual relationship unless First National separately agrees to such a relationship in writing.

Do not transmit Social Security numbers, banking credentials, passwords, tax identification numbers, complete account numbers, or other highly sensitive information through an unsecured website form or ordinary email unless specifically instructed to do so through an approved secure method.

We may use information you provide to:

  • Review and respond to your inquiry

  • Evaluate whether a potential transaction falls within our lending parameters

  • Communicate with you about requested services

  • Conduct preliminary due diligence

  • Protect against fraud or misuse

  • Comply with legal, regulatory, or recordkeeping obligations

Our collection and use of personal information are also governed by our Privacy Policy.

7. Electronic Communications

When you contact us through the Website or provide an email address or telephone number, you authorize First National and its representatives to respond to your inquiry using the contact information you provide.

Electronic communications may not always be secure, uninterrupted, or error-free. You are responsible for maintaining accurate contact information and safeguarding your devices, passwords, and account credentials.

Consent to receive electronic communications through the Website does not replace any separate disclosures or consents that may be required for a particular transaction.

8. Account Access and Third-Party Services

The Website may provide access to borrower portals, payment services, document-management systems, account platforms, or other services operated by First National or by third-party providers.

Separate terms, privacy policies, security requirements, and user agreements may apply to those services. You are responsible for reviewing and complying with those additional terms.

You are responsible for:

  • Maintaining the confidentiality of your login credentials

  • Restricting access to your account and devices

  • Promptly reporting suspected unauthorized access

  • Ensuring that account information remains accurate

First National is not responsible for losses caused by your failure to protect account credentials or by unauthorized activity that you fail to report promptly.

9. Permitted Use

You may use the Website only for lawful informational and business purposes.

You may not:

  • Use the Website for fraudulent, deceptive, abusive, or unlawful activity

  • Submit false, misleading, or unauthorized information

  • Attempt to gain unauthorized access to any system, account, server, or database

  • Interfere with the Website’s operation or security

  • Introduce viruses, malicious code, automated attacks, or harmful technologies

  • Scrape, crawl, harvest, or systematically copy Website content without written permission

  • Use bots or automated systems to overwhelm, monitor, or extract data from the Website

  • Impersonate another person, company, borrower, property owner, or representative

  • Use Website content to misrepresent a relationship with First National

  • Remove copyright, trademark, or ownership notices

  • Reproduce or commercially exploit Website content without authorization

We may restrict or terminate access to the Website when we reasonably believe these Terms have been violated.

10. Intellectual Property

The Website and its contents, including text, graphics, logos, designs, photographs, videos, articles, downloads, software, and other materials, are owned by or licensed to First National and are protected by applicable intellectual property laws.

You may view, download, or print limited portions of the Website for your own lawful, internal business use. You may not reproduce, distribute, modify, publish, sell, license, create derivative works from, or commercially exploit Website content without prior written permission.

“First National,” its logos, and related names and branding may be trademarks or service marks of First National. Nothing on the Website grants you a license or right to use those marks.

11. Educational and Third-Party Content

Articles, market commentary, economic information, news, forecasts, and educational materials may reflect conditions or opinions existing when the material was prepared.

Financial markets, lending conditions, interest rates, regulations, and economic circumstances may change after publication. First National does not undertake an obligation to update every article or item of content.

The Website may contain links to third-party websites, news sources, service providers, or resources. These links are provided for convenience and do not necessarily constitute an endorsement.

First National does not control and is not responsible for third-party content, availability, security, products, services, privacy practices, or terms.

12. Website Accuracy and Availability

First National strives to provide useful and accurate information. However, Website content may occasionally contain errors, omissions, outdated information, typographical mistakes, technical problems, or incomplete descriptions.

We do not warrant that:

  • Website content is complete, current, or error-free

  • The Website will always be available

  • Access will be uninterrupted or secure

  • Defects will be corrected immediately

  • Files or communications will be free from harmful components

  • Website information will be suitable for a particular transaction

We may modify, suspend, restrict, or discontinue all or part of the Website at any time.

13. Disclaimer of Warranties

To the fullest extent permitted by law, the Website and all content are provided on an “as is” and “as available” basis.

First National disclaims all express and implied warranties relating to the Website, including implied warranties of merchantability, fitness for a particular purpose, accuracy, title, noninfringement, security, and availability.

Your use of the Website and reliance on its content are at your own risk.

Nothing in this section excludes a warranty or obligation that cannot legally be excluded.

14. Limitation of Liability

To the fullest extent permitted by law, First National and its owners, affiliates, officers, directors, employees, representatives, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or connected with:

  • Your use of or inability to use the Website

  • Your reliance on Website content

  • The submission, loss, interception, or unauthorized access of information

  • Third-party websites or services

  • Website interruptions, errors, or security incidents

  • Decisions made based on Website information

  • The denial, delay, modification, or withdrawal of potential financing

This limitation applies regardless of the legal theory asserted and even if First National has been advised that damages may occur.

Nothing in these Terms limits liability that cannot legally be limited or excluded.

15. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless First National and its affiliates, officers, directors, employees, representatives, contractors, and service providers from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising from:

  • Your misuse of the Website

  • Your violation of these Terms

  • Information or materials you submit

  • Your violation of applicable law

  • Your infringement of another party’s rights

  • Your unauthorized representation of another person or entity

16. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, except where another law is required to apply.

Any legal action arising solely from the use of the Website or these Terms must be brought in a court of competent jurisdiction located in New York County, New York, unless applicable law requires otherwise.

This provision does not modify the governing-law, jurisdiction, arbitration, or dispute-resolution provisions contained in any separate loan, servicing, account, confidentiality, or transaction agreement.

17. Changes to These Terms

We may revise these Terms from time to time.

Changes become effective when the updated Terms are posted on the Website, unless another effective date is stated. The “Last Updated” date at the top of the page identifies the most recent revision.

Your continued use of the Website after revised Terms are posted constitutes acceptance of the revised Terms.

18. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

19. No Waiver

A failure by First National to enforce any provision of these Terms does not waive our right to enforce that provision or any other provision in the future.

20. Entire Agreement

These Terms and the Privacy Policy constitute the agreement between you and First National concerning your general use of the Website.

These Terms do not replace or modify any application, letter of intent, confidentiality agreement, commitment, loan agreement, guaranty, servicing agreement, account agreement, or other document separately entered into by you and First National.

21. Contact Information

Questions about these Terms and Conditions may be directed to:

First National
1285 Avenue of the Americas
New York, NY 10019

Email: info@firstna.com
Telephone: 212-244-7400