PERFORMANCEOVERLOOKS

TERMS OF SERVICE, MEMBERSHIP AGREEMENT, ASSUMPTION OF RISK & LIABILITY RELEASE

Effective Date: October 11, 2026

Business: PerformanceOverLooks, operated by Michael Di Guilmi as a sole proprietor

Website: https://performanceoverlooks.mykajabi.com

Contact: performanceoverlooks@gmail.com

IMPORTANT LEGAL NOTICE

These Terms of Service contain important provisions concerning recurring subscriptions, vehicle safety, motorsports risks, assumption of risk, release of certain claims involving ordinary negligence, and limitations of liability.

PLEASE READ SECTIONS 4–9 AND 21 CAREFULLY. MOTORSPORTS AND VEHICLE MODIFICATIONS MAY INVOLVE PROPERTY DAMAGE, SERIOUS INJURY, PERMANENT DISABILITY, OR DEATH. SECTION 9 CONTAINS AN EXPRESS RELEASE OF CERTAIN CLAIMS ARISING FROM ORDINARY NEGLIGENCE, TO THE EXTENT PERMITTED BY LAW.

By affirmatively accepting these Terms during checkout, you confirm that you have had the opportunity to read and understand them.

1. Acceptance of Terms and Eligibility

These Terms of Service ("Terms") form an agreement between PerformanceOverLooks ("Company," "we," "us," or "our") and the individual purchasing, accessing, or using our services ("Member," "User," "you," or "your").

Our services include the Drive. Build. Simulate. educational program, associated online courses, community features, live group sessions, downloadable resources, and any separately offered coaching or consulting services (collectively, the "Services").

By checking the agreement box during checkout, completing a purchase, or otherwise expressly accepting these Terms, you agree to be bound by them.

If you do not agree, do not purchase or access the paid Services.

You must be at least 18 years old and have reached the legal age of majority in your jurisdiction to purchase a membership.

These Terms apply to domestic and international customers, except where mandatory laws require different treatment.

2. Nature and Scope of the Services

PerformanceOverLooks provides educational content concerning:

Performance driving, motorsports techniques, and track preparation.
Automotive systems, vehicle building, and performance modifications.
Suspension, brakes, steering, tires, aerodynamics, differentials, and related vehicle dynamics.
Vehicle simulation, physics modeling, and Assetto Corsa configuration.
Group discussions, online community participation, and educational Q&A sessions.
Optional personalized coaching where separately offered.

The Services are primarily delivered online.

The Company is providing education, not performing a physical vehicle inspection, repair, installation, safety certification, or on-track supervision.

Unless explicitly agreed in a separate written agreement, the Company does not undertake responsibility for designing, validating, inspecting, or certifying any Member's particular vehicle, modification, component installation, or driving activity.

Membership does not create a mechanic-customer, professional engineering certification, vehicle inspection, or driver-supervision relationship.

3. Educational Information; No Vehicle-Specific Safety Approval

All instructional materials, explanations, calculations, settings, demonstrations, opinions, and recommendations are provided for educational and informational purposes.

Vehicle behavior and mechanical safety depend on many factors, including vehicle condition, prior damage, component quality, compatibility, manufacturing tolerances, installation practices, suspension geometry, environmental conditions, tire condition, and driver skill.

Information presented in a course, live session, community discussion, or private message may rely on illustrative examples, assumptions, or incomplete information provided by the Member.

No statement by the Company should be interpreted as certifying that a particular vehicle, modification, component, installation, or configuration is safe, roadworthy, trackworthy, legal, or appropriate for a particular application.

Members remain responsible for independently evaluating the information before applying it, obtaining appropriate professional inspections and assessments when necessary, and deciding whether to proceed.

A response to a technical question is not a substitute for physically inspecting a vehicle, confirming measurements, evaluating component integrity, or validating an installation.

4. Motorsports and Performance Driving Risks

WARNING: MOTORSPORTS AND PERFORMANCE DRIVING CAN CAUSE SERIOUS INJURY OR DEATH.

You acknowledge that motorsports, track driving, high-performance vehicle operation, mechanical testing, and other driving activities involve significant and sometimes unpredictable risks.

These include, without limitation:

Loss of vehicle control, spinning, and leaving the driving surface.
Collisions with barriers, other vehicles, objects, or people.
Vehicle rollovers and structural failures.
Brake, tire, steering, suspension, or drivetrain failure.
Fire, fluid leakage, overheating, or other mechanical hazards.
Mistakes made by drivers, other participants, event organizers, or third parties.
Damage to vehicles or other property.
Serious bodily injury, permanent disability, and death.

These risks may exist even where a vehicle is properly maintained and safety precautions are taken.

The Company does not guarantee that driving techniques explained in its educational materials are safe for every individual, vehicle, speed, track, road, or set of conditions.

Members are responsible for their own driving decisions, physical capabilities, preparation, safety equipment, vehicle condition, and compliance with applicable rules.

Performance-driving techniques should be practiced only in lawful, appropriate, and controlled environments. Nothing in the Services encourages illegal street racing, reckless driving, or violation of traffic or motorsports safety rules.

5. Vehicle Modification, Installation, and Mechanical Risks

WARNING: VEHICLE MODIFICATIONS MAY CREATE SAFETY HAZARDS OR CAUSE MECHANICAL FAILURE.

Modifying, adjusting, or replacing vehicle components can affect handling, braking, stability, durability, occupant protection, and reliability.

Risks can arise from incorrect installation, incompatible parts, inadequate engineering validation, improper torque, inaccurate measurements, defective components, unexpected system interactions, insufficient maintenance, or incorrect interpretation of educational information.

Particular caution is required when working with safety-critical systems, including:

Braking systems and hydraulic components.
Steering systems and steering linkages.
Suspension arms, joints, springs, dampers, and mounting points.
Wheels, tires, and wheel fasteners.
Seats, harnesses, roll protection, airbags, and occupant restraints.
Structural components, fuel systems, and high-temperature components.

Members are responsible for obtaining appropriate qualified assistance, following component manufacturers' instructions, verifying fitment, and inspecting or testing their vehicles before operation.

The Company does not inspect Members' vehicles and does not represent that following any particular recommendation will produce a safe or reliable result.

A component or setup that works on one vehicle may be inappropriate or unsafe on another, even when the vehicles appear similar.

Any decision to purchase, install, modify, adjust, test, or operate a component is made by the Member or the individual undertaking that activity.

6. Vehicle Performance and No Guaranteed Results

The Company makes no guarantee that use of its Services will result in:

Faster lap times or improved racing results.
Better handling, acceleration, or braking.
Increased horsepower or mechanical performance.
Reduced component wear or operating costs.
Improved vehicle reliability or durability.
Successful or trouble-free modifications.
Improved driving ability or competitive success.
Accurate simulation results.
Financial savings or recovery of money spent on modifications.

Examples, demonstrations, results, vehicle setups, and technical discussions may reflect conditions and circumstances that differ substantially from those of an individual Member.

A recommendation may produce no improvement, an unexpected result, reduced performance, additional expense, or a mechanical problem.

The Company does not promise that applying educational information will achieve the Member's desired outcome.

7. Simulation, Physics Modeling, and Software Limitations

Computer simulations, including Assetto Corsa vehicle physics models, are representations of real-world systems based on assumptions, approximations, mathematical models, software behavior, and available input data.

Simulation results may differ materially from actual vehicle behavior.

Errors or limitations may arise from incomplete vehicle measurements, inaccurate suspension geometry, estimated tire characteristics, simplified aerodynamic models, software implementation, numerical behavior, or other factors.

Predicted handling characteristics, tire behavior, component loads, lap times, or performance improvements should not be treated as verified real-world engineering results without appropriate independent validation.

A setup that appears effective or safe in a simulation is not necessarily effective or safe in a real vehicle.

Members are responsible for independently validating any real-world decisions based on simulation results.

The Company does not guarantee the completeness, accuracy, reliability, or real-world applicability of simulations, physics files, configuration values, or modeling techniques.

Third-party software and associated trademarks remain the property of their respective owners. PerformanceOverLooks is not affiliated with or endorsed by the creators of Assetto Corsa unless expressly stated.

8. Voluntary Assumption of Risk

IMPORTANT: PLEASE READ CAREFULLY.

You acknowledge that applying knowledge from the Services to real vehicles, mechanical projects, driving activities, and motorsports involves risks that cannot be eliminated by instruction alone.

To the fullest extent permitted by applicable law, you knowingly and voluntarily assume the inherent risks associated with your independent participation in these activities, including risks of vehicle damage, collisions, mechanical failure, bodily injury, permanent disability, and death.

You understand that the Company does not control your vehicle, your installations, your driving decisions, the condition of any track or road, or the actions of third parties.

You acknowledge that you may choose not to implement any particular technique, recommendation, modification, or simulation-derived conclusion.

This assumption-of-risk provision applies only to the extent permitted by applicable law and does not eliminate rights or remedies that cannot legally be waived.

9. Express Release of Certain Ordinary-Negligence Claims

IMPORTANT: THIS SECTION IS AN EXPRESS LIABILITY RELEASE AND MAY AFFECT YOUR LEGAL RIGHTS.

PLEASE READ IT BEFORE AGREEING TO THESE TERMS.

To the fullest extent permitted by applicable law, you expressly release and discharge PerformanceOverLooks, its operator Michael Di Guilmi, and its employees, contractors, representatives, and agents (collectively, the "Released Parties") from claims for personal injury, death, or property damage arising out of the Released Parties' ordinary negligence in creating, researching, preparing, presenting, explaining, demonstrating, or communicating information through the Services, where such claims arise from or relate to your independent use or application of that information in vehicle modification, maintenance, mechanical testing, performance driving, motorsports, or vehicle simulation.

This release is intended to encompass legally releasable claims alleging that ordinary negligence in educational explanations, calculations, instructional demonstrations, vehicle setup recommendations, or related communications caused or contributed to an accident, mechanical failure, property damage, bodily injury, or death.

You acknowledge that this provision is intended to address claims involving the Released Parties' own ordinary negligence, not merely risks arising from your own conduct.

THIS RELEASE DOES NOT PURPORT TO EXCUSE GROSS NEGLIGENCE, RECKLESS OR INTENTIONAL MISCONDUCT, FRAUD, VIOLATIONS OF LAW, OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE RELEASED.

The release applies only where permitted by the law governing the particular claim and circumstances. It does not waive the independent rights of third parties who have not agreed to these Terms or any nonwaivable consumer rights.

10. Independent Decisions and Professional Verification

Members are responsible for exercising reasonable care in evaluating whether to follow educational recommendations.

Members should obtain appropriately qualified professional assistance when a modification, repair, or mechanical question requires specialized equipment, hands-on inspection, safety assessment, or technical expertise.

Members are responsible for compliance with applicable automotive, roadworthiness, emissions, track, competition, and safety laws and regulations.

Nothing in the Services establishes that a particular action is lawful in every jurisdiction or permitted by a particular motorsports organization.

The Company does not control or supervise the implementation of Members' projects and does not guarantee that Members have accurately communicated their vehicle's condition, configuration, or limitations.

These provisions do not eliminate any independent duty the Company may owe under applicable law.

11. Membership Subscription and Automatic Renewal

Some Services are sold as recurring paid memberships.

The applicable subscription price, billing frequency, included benefits, and any promotional terms will be disclosed at checkout.

By affirmatively purchasing a recurring membership, you authorize the designated payment processor to charge your selected payment method at the disclosed recurring price and frequency until the subscription is canceled.

Subscriptions renew automatically unless canceled in accordance with the disclosed cancellation process.

Prices may change for new subscribers. Promotional or founding-member prices are governed by the specific commitments disclosed when the subscription begins.

Any changes affecting the recurring price charged to existing Members will be communicated and implemented in accordance with applicable law, required notice and consent procedures, and any binding promotional commitments.

Applicable taxes, if any, will be handled in accordance with applicable law and the disclosures provided during purchase.

No particular subscription price is established by these Terms independently of the amount disclosed at checkout.

12. Cancellation

Members may cancel recurring subscriptions using the self-cancellation functionality available through their Kajabi account, where supported, or by contacting the Company's published support email for assistance.

Cancellation prevents future scheduled subscription renewals.

For ordinary customer-initiated cancellations, access generally continues until the end of the current paid billing period, after which membership access ends, unless different terms are expressly disclosed or applicable law requires otherwise.

Canceling does not provide permanent access to paid course content, community channels, or other subscription benefits.

The Company will not impose unlawful obstacles to cancellation.

Any mandatory cancellation or withdrawal rights applicable to a Member remain unaffected.

13. Refunds

Except where required by law or expressly stated otherwise at purchase, membership subscription payments are nonrefundable once the applicable paid billing period begins.

Members should cancel before their next renewal date to avoid future charges.

Unused membership time ordinarily does not qualify for a prorated refund.

The Company may issue refunds voluntarily or to correct billing errors.

Nothing in this policy excludes statutory refund, withdrawal, or cancellation rights that cannot lawfully be waived, including rights applicable to qualifying international consumers.

14. Membership Benefits and Changes

A membership provides access to the products and services included in the particular Offer purchased, for the duration of authorized access.

For the Drive. Build. Simulate. Base Membership, the current offering includes the three educational courses, designated member community access, and scheduled group Q&A sessions.

The current group Q&A benefit consists of two scheduled 30-minute sessions per month, subject to the specific terms of the purchased Offer and reasonable rescheduling.

The Company may update lessons, improve materials, reorganize content, and make reasonable operational changes.

Material reductions or changes to promised paid benefits will be handled in accordance with the purchase agreement and applicable consumer law.

The Company does not guarantee that every live session will take place on a particular date or that all Member questions can be answered during a session.

15. Private Coaching and Individualized Guidance

Private coaching, if introduced, may be sold separately and may require additional service-specific terms.

Any consultation or personalized recommendation may rely on information that is incomplete, inaccurate, or supplied entirely by the Member.

Remote photographs, measurements, descriptions, recordings, or video footage cannot necessarily establish the condition or safety of an actual vehicle.

Unless explicitly agreed in writing, coaching does not include physical inspections, component certification, mechanical installation, driving supervision, or approval of a specific vehicle for track use.

Individualized suggestions do not guarantee a particular result or eliminate the need for independent verification.

Separate coaching terms may address scheduling, payments, cancellations, service availability, and the precise scope of coaching.

16. Community Participation and Member Advice

The Company may provide discussion forums, community channels, group conversations, and other Member interaction features.

Community participants may share opinions, technical suggestions, vehicle setups, experiences, or recommendations.

Information provided by other Members is not necessarily reviewed, tested, verified, or endorsed by the Company.

Members should independently evaluate information before relying on it.

The Company may remove content that appears dangerous, misleading, abusive, unlawful, or inconsistent with community rules, but does not undertake to inspect, verify, or approve every contribution.

Members agree not to engage in harassment, threats, intellectual-property infringement, unlawful conduct, spam, or conduct that unreasonably endangers others.

The Company may moderate or restrict participation in accordance with these Terms and applicable law.

17. Intellectual Property and Course Licensing

Unless expressly stated otherwise, original educational videos, written materials, graphics, demonstrations, course resources, and other original content are owned by or lawfully licensed to PerformanceOverLooks.

Members receive a limited, personal, nonexclusive, nontransferable right to access the purchased materials during their authorized membership period.

Members may not, without written authorization or another legal right:

Redistribute or publicly upload paid instructional videos.
Sell, sublicense, republish, or commercially exploit protected educational content.
Share paid membership accounts or credentials with unauthorized individuals.
Record or systematically copy course content for unauthorized distribution.
Remove copyright notices or falsely claim ownership of Company materials.
Redistribute downloadable materials beyond the permissions associated with those materials.

Members retain ownership of original work they independently create, subject to applicable third-party and Company intellectual-property rights.

Specific downloads or other resources may have separate license conditions.

18. Member-Submitted Content

Members retain ownership of their original contributions to the community, subject to the rights of others.

By submitting content, Members grant the Company a nonexclusive, worldwide, royalty-free license to host, store, display, reproduce, and transmit that content as reasonably necessary to operate the Services and maintain the community.

This license does not automatically authorize unrestricted use of Members' private submissions in unrelated public marketing.

Members must have appropriate rights to materials they upload and must not disclose another person's confidential information without authorization.

Content involving personal information will also be handled in accordance with the Privacy Policy and applicable law.

19. Third-Party Products, Software, and Services

The Services may discuss or link to third-party components, manufacturers, software, websites, platforms, and motorsports organizations.

The Company does not manufacture or control those products or services and does not guarantee their compatibility, legality, safety, reliability, or continued availability.

Members are responsible for reviewing applicable third-party documentation, terms, licenses, installation instructions, and warnings.

References to specific brands or components are not guarantees of their suitability for a Member's application.

20. Availability, Suspension, and Termination

The Company may modify or update the Services, resolve technical problems, or temporarily interrupt access for maintenance or circumstances beyond its reasonable control.

The Company may suspend or terminate access for material violations of these Terms, including fraud, unauthorized redistribution, account sharing, harassment, or unlawful activity.

Where practical and appropriate, the Company may provide notice of a violation and an opportunity to correct it.

Any refund or remedy owed when Services are discontinued or access is terminated will be determined by applicable law and the circumstances involved.

21. Disclaimers and Limitation of Liability

IMPORTANT: THIS SECTION LIMITS CERTAIN TYPES OF CLAIMS AND DAMAGES, TO THE EXTENT PERMITTED BY LAW.

The Services are provided for educational purposes and, to the fullest extent permitted by applicable law, on an "as available" basis.

Except for warranties expressly provided or legally required, the Company does not guarantee uninterrupted access, error-free information, particular results, mechanical safety, simulation accuracy, or fitness of a recommendation for a Member's intended use.

To the fullest extent permitted by applicable law, the Company will not be liable for indirect, incidental, special, consequential, or purely economic damages, including lost profits, lost business opportunities, or expenditures incurred in anticipation of performance improvements.

For claims that may legally be subject to a contractual monetary cap, the Company's aggregate liability will not exceed the total amount the claimant paid for the applicable Services during the 12 months preceding the event giving rise to the claim.

The foregoing limitations do not apply to liabilities that cannot lawfully be disclaimed, released, excluded, or capped, including applicable nonwaivable rights concerning personal injury, death, gross negligence, intentional misconduct, fraud, or other protected claims.

These provisions are intended to operate only within the limits of applicable law.

22. International Customers and Consumer Rights

The Services may be available to customers in multiple countries.

Members are responsible for complying with laws applicable to their own vehicles, driving activities, modifications, simulation software, and motorsports participation.

Some jurisdictions provide mandatory consumer rights relating to digital content, subscription cancellation, refunds, unfair contract terms, privacy, warranties, or liability for personal injury.

Nothing in these Terms is intended to exclude, diminish, or restrict any consumer protection or statutory right that cannot lawfully be waived.

The enforceability of releases, monetary limits, disclaimers, and other contractual provisions may differ between jurisdictions.

23. Privacy

The Company's collection, use, retention, and disclosure of personal information are described in its separate Privacy Policy.

Members should review that policy before purchasing or providing personal information.

The Company may use third-party providers, including Kajabi and payment-processing services, to administer accounts, deliver content, process payments, and support its operations, subject to the Privacy Policy and applicable law.

24. Governing Law and Disputes

To the extent permitted by applicable law, these Terms are governed by California law, without regard to conflict-of-law principles.

For disputes that may lawfully be subject to a contractual forum-selection clause, the parties agree to the jurisdiction of the appropriate state or federal courts serving Los Angeles County, California.

Nothing in this section prevents consumers from exercising nonwaivable rights to bring proceedings in another jurisdiction or under mandatory local consumer-protection laws.

Before initiating formal litigation, parties are encouraged to attempt a good-faith informal resolution through the Company's support contact, where appropriate. This does not prevent either party from exercising legal rights or seeking urgent relief.

These Terms do not impose mandatory arbitration.

25. Changes to These Terms

The Company may revise these Terms to reflect changes in its Services, business practices, or applicable law.

The current version will be published on the Company's website with its effective date.

Where required, material changes will be communicated in advance and any legally necessary consent obtained.

Revisions do not retroactively eliminate accrued legal rights or override binding purchase commitments where doing so would be unlawful.

The version applicable to a particular purchase or dispute will be determined under applicable law and the agreement in effect at the relevant time.

26. Severability and Entire Agreement

If a provision is held invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

Where legally appropriate, an invalid provision may be enforced to the maximum lawful extent consistent with its original purpose.

These Terms, applicable checkout disclosures, any separately agreed service conditions, and expressly incorporated policies form the agreement governing the purchased Services.

Failure to enforce a provision does not automatically waive the right to enforce it in the future.

No clause shall be interpreted to waive rights that cannot lawfully be waived.

27. Contact Information

Questions concerning these Terms, membership access, billing, cancellation, or other matters may be directed to:

PerformanceOverLooks

Operated by Michael Di Guilmi

Email: performanceoverlooks@gmail.com