A.   ACCURATE INFORMATION: 

You represent and warrant to Edmunds.com, Inc. (“Edmunds”) that to the best of your knowledge and belief, all of the information you submit to Edmunds during your employment application process will be true and correct.

B.   RESTRICTIVE COVENANT AGREEMENTS WITH YOUR CURRENT OR FORMER EMPLOYERS
 
You agree to notify the Edmunds’ recruiter who contacts you, at the time of initial contact, if you have entered into any agreement with any current or former employer that imposes or attempts to impose any post-employment limitation on your right to work for any other companies or the services you may render to a subsequent employer. In addition, you agree to provide your Edmunds’ recruiter with a copy of any such agreement in the manner specified by such recruiter. Please note that those agreements are sometimes referred to as a “non-compete” but often have other names, such as “restrictive covenant agreement” or “non-disclosure agreement”

You represent and warrant to Edmunds that you have not entered into any such agreements other than those (if any) that you provide to your Edmunds’ recruiter.

C.   BACKGROUND CHECKS & EMPLOYEE INVESTIGATIONS:

1. Criminal, Motor Vehicle Records and Credit

It is Edmunds’ general policy to perform a criminal background check for all positions. For positions that involve regularly driving a vehicle (such as many in our sales and editorial/content departments), it is Edmunds’ general policy to also perform a motor vehicle records (“MVR”) check. For positions in our finance and accounting department and certain other positions, it is Edmunds general policy to also perform credit checks.

All criminal, MVR and credit checks are performed after an offer of employment has been accepted by a candidate. If you accept an offer of employment from Edmunds, the commencement of your employment (or your continued employment if Edmunds is awaiting results of a check when you start) is conditioned upon you providing the authorization(s) requested by or on behalf of Edmunds needed in order to run, and Edmunds being satisfied with the results of, a criminal background check and if applicable, MVR and/or credit checks.

For more information about the criminal, credit and MVR checks, please ask your Edmunds’ recruiter.

2. Other

Edmunds reserves the right to investigate your prior employment history, personal references and education background as well as all information you submit to Edmunds (including without limitation your resume and any other related documents you submit) and other relevant information that is reasonably available to Edmunds. You acknowledge that you understand that falsification, misrepresentation or omission of facts in connection with your application for employment for may result in your removal from consideration for any position, the withdrawal of any offer letter that has been issued to you, or your termination of employment “for cause.” You hereby authorize Edmunds to secure information about your experience with former employers, education institutions, agencies and any references you provide, and for those parties to provide information concerning your experience, and you hereby release all parties from any liability arising therefrom.
 
D.   IDEAS:

During the employment application and interview process you may submit to Edmunds ideas, suggestions, recommendations or answers to a case or exercise (all of which are referred to as “Ideas”) relating to Edmunds’ current or future business, website(s), services and/or technology, either at Edmunds’ request or otherwise. You acknowledge and agree that Edmunds is not offering compensation to you, or any promise to make an offer of employment to you, in consideration for any Ideas. In addition, you hereby grant to Edmunds a perpetual, irrevocable, fully assignable and sublicensable, non-exclusive fully-paid up and royalty free license to use any Ideas, and any tangible manifestation of any Ideas, you provide to Edmunds, without restrictions of any kind and without any payment or other consideration of any kind, or any permission or notification, to you or any third party. You hereby waive any and all so-called “moral rights” or any similar rights of authors with respect to all Ideas.

E.   CONFIDENTIALITY AGREEMENT:

In the course of your applying and interviewing for a position at Edmunds, you may obtain knowledge or information about Edmunds that is of a secret, confidential or proprietary nature. That might include knowledge or information regarding the business of Edmunds and its practices and its plans, including Edmunds’ databases and computer programs and algorithms and technical infrastructure; the sources of Edmunds’ data and the manner in which Edmunds collects, analyzes and processes such data and creates databases from such data; the identities, requirements and buying habits of its suppliers, vendors, advertisers, customers, licensees and partners; Edmunds’ agreements with its suppliers, vendors, advertisers, customers, licensees, writers and other persons and entities with whom Edmunds does business and the pricing and other terms and conditions of such agreements; expansion, acquisition and other business plans, including plans for, and the nature of, new or enhanced products or services being developed by Edmunds; advertising, marketing and promotional methods and ideas and plans; research and corporate strategy methods and plans; personnel records; financial information, including data relating to the use of Edmunds’ websites or applications or such websites’ and applications’ products, services and tools; and the name of any person or entity whom Edmunds is considering making a claim or filing an action against and the name of any person or entity Edmunds discloses to you who might make a claim or file an action against Edmunds, the fact that any such claim or filing is or has been actually threatened or made and the nature of or basis for any such potential or actual claim or filing (all of which is referred to as “Edmunds Information”). Please note that the foregoing list is not intended to be exhaustive, and you should assume that whatever is told to you about Edmunds during the application and interview process is “Edmunds Information.”

YOU AGREE TO KEEP CONFIDENTIAL AND NOT DISCLOSE ANY EDMUNDS INFORMATION TO ANYONE, INCLUDING YOUR CURRENT EMPLOYER.

Please also note that if you receive an offer from Edmunds and become an employee, consultant or contractor, you will be required to execute a more complete confidentiality agreement that will supersede this one.

F.   CARMAX DISPUTE RESOLUTION AGREEMENT:
 
If you wish to be considered for employment with CarMax Auto Superstores, Inc., or any of its affiliated entities, including Edmunds.com, Inc.  (collectively “CarMax”), you must read and consent to the following agreement. “CarMax” refers to CarMax’s parents, subsidiaries, affiliates, divisions, brands, successors, assigns, alleged agents, alleged joint or co-employers, and alleged joint ventures, and their respective directors, officers, employees, and agents, whether current, former, or future.

I recognize that differences may arise between CarMax and me during my application for employment with CarMax. I recognize that it is in the interest of both CarMax and me that disputes be resolved in a manner that is fair, private, expeditious, economical, final, and less burdensome or adversarial than court litigation. CarMax has an effective Open Door Policy, and I will try to take advantage of it where feasible. I understand, however, that not all issues can be resolved using the Open Door Policy.

Except as set forth below, and as more fully set forth in the CarMax Dispute Resolution Rules and Procedures, a copy of which have been provided to me above, both CarMax and I agree to settle any and all previously unasserted claims, disputes, or controversies arising out of or relating to my application or candidacy for employment (including any background check process) and employment and/or cessation of employment or other relationship with CarMax, any claims relating to wages, overtime, or other compensation; working conditions; independent contractor or overtime exemption status; discrimination, harassment, or retaliation; civil penalties arising from any legal violations that I personally suffered; breach of express or implied contract or fiduciary duty; negligence or other tort; or violation of any federal, state, or local law, exclusively by final and binding arbitration before a neutral Arbitrator. By way of example only, and except as provided herein, such claims include claims under federal, state and local statutory or common law, such as the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, including the amendments of the Civil Rights Act of 1991, the Americans with Disabilities Act, the Family Medical Leave Act, and the law of contract and law of tort. The scope of the claims covered, as well as certain exclusions from coverage and other important terms, are set forth in the Dispute Resolution Rules and Procedures.

I understand that if I do file a lawsuit regarding a dispute arising out of or relating to my application or candidacy for employment, employment, or cessation of employment, CarMax may use this Agreement in support of its request to the court to dismiss the lawsuit and require me instead to use arbitration.

I understand that nothing in this Dispute Resolution Agreement (“DRA”) is intended to (1) require arbitration of any claims whose resolution in arbitration is prohibited by federal law or by state law not preempted by federal law or (2) limit my rights under the National Labor Relations Act and my right to file charges or seek other relief with the Equal Employment Opportunity Commission or similar federal, state, or local agency, but that upon receipt of a right-to-sue letter or similar administrative determination, I shall arbitrate any claim that I may have against CarMax that is covered by this DRA or the Dispute Resolution Rules and Procedures.  I further understand that nothing in this DRA is intended to require arbitration of claims for sexual assault or sexual harassment as those terms are defined in the Federal Arbitration Act, unless I elect to pursue those claims in arbitration.

Separate from and in addition to my agreement to arbitrate, and to the maximum extent permitted by law, I and CarMax agree that should I decide to bring any claims that relate to a sexual harassment or sexual assault dispute, as those terms are defined in the Federal Arbitration Act, and I do not elect to pursue those claims in arbitration, the following shall apply: (1) all claims other than a sexual harassment or sexual assault claim shall be presented in (or if not presented in, severed into) a separate proceeding from the sexual harassment or sexual assault claims; (2) those claims that do not relate to a sexual harassment or sexual assault dispute and are subject to arbitration under the DRA shall be governed by and proceed with individual arbitration under the DRA, it being the express intent of the parties to allow for individual arbitration of claims to the maximum extent possible; and (3) if a party brings claims subject to arbitration under the DRA and claims that are not subject to arbitration, the latter shall be stayed until the former are fully arbitrated.

I understand that neither this DRA nor the Dispute Resolution Rules and Procedures form a contract of employment between CarMax and me. I further understand that my consent to this DRA in no way guarantees that CarMax will offer me employment. If CarMax does offer me employment and I become employed at CarMax, this DRA in no way alters the "at-will" status of my employment. I understand that my employment, compensation, and terms and conditions of employment can be altered or terminated, with or without notice, at any time, at the option of either CarMax or myself. I understand that no store manager or representative of CarMax, other than an Officer of CarMax at the level of Vice President or above, has any authority to enter into any agreement for employment for any specific duration, to make any agreement contrary to the foregoing, or to alter the CarMax Dispute Resolution Rules and Procedures.

I understand that the Dispute Resolution Agreement and the Dispute Resolution Rules and Procedures affect my legal rights. By consenting to this Dispute Resolution Agreement, I acknowledge receipt of the Dispute Resolution Rules and Procedures.  Accordingly, you may wish to seek legal advice before consenting to this Dispute Resolution Agreement.

CarMax Dispute Resolution Agreement
 
I have read this Dispute Resolution Agreement and the Dispute Resolution Rules and Procedures, a copy of which have been provided to me above, before submitting this Application and before accepting an offer of employment with CarMax.
 
I understand that I may withdraw my consent to this Dispute Resolution Agreement within three (3) days from the date on which I consent by notifying the Background Screening Department in writing (including my Social Security Number and address of the place at which I applied for employment) that l am withdrawing my application for employment at CarMax. The address for the Background Screening Department is:
 
CarMax Auto Superstores, Inc. 
Background Screening Department 
12800 Tuckahoe Creek Parkway 
Richmond, Virginia 23238
 
I understand that by so notifying the Background Screening Department in writing, I will not be bound to this Dispute Resolution Agreement and that I no longer will be eligible for employment at CarMax. I recognize that if I consent to this Dispute Resolution Agreement and do not withdraw within three days of consenting I will be required to arbitrate, as explained above, employment-related claims which I may have against CarMax, whether or not I become employed by CarMax.
 
This Agreement will be enforceable throughout the application process, my employment, and thereafter with respect to any such claims arising from or relating to my application or candidacy for employment, employment or cessation of employment with CarMax. I then must arbitrate all such employment-related claims that are within the scope of this Agreement and the Dispute Resolution Rules and Procedures, and I may not file a lawsuit in court.  I agree that if I commence an arbitration, it will be conducted in accordance with the CarMax Dispute Resolution Rules and Procedures.
 
Please indicate your consent to the CarMax Dispute Resolution Agreement by clicking the “AGREE” button at the bottom of the page.

CarMax agrees to consider this Employment Application and to follow this Dispute Resolution Agreement and the Dispute Resolution Rules and Procedures in connection with the Associate who is completing this application.
 
Jamie Epstein
Chief People Officer
Edmunds.com, Inc. 

G.   PRIVACY STATEMENT: A copy of Edmunds Careers Privacy Statement is available at https://www.edmunds.com/careers/.
 
H.   MISCELLANEOUS:

You understand and agree that no person who is either an agent or employee of CarMax, which collectively includes Edmunds.com, Inc., may modify, delete, vary, contradict, whether orally or in writing, the terms and conditions set forth above, except as follows:

• The CarMax Dispute Resolution Agreement and Dispute Resolution Rules and Procedures set forth in Section F above may only be modified by an Officer of CarMax Auto Superstores, Inc. at the level of Vice President or above; and
• All other terms and conditions set forth herein may only be modified by Edmunds’ President or Chief People Officer.

BY CLICKING THE “AGREE” BUTTON BELOW, I AGREE TO THESE EMPLOYMENT APPLICATION TERMS AND CONDITIONS, INCLUDING THE CARMAX DISPUTE RESOLUTION AGREEMENT SET FORTH IN SECTION F ABOVE.