Month: December 2020

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Merry Christmas Seasons Greetings and Happy Holiday

Just wanted to wish everyone a Merry Christmas and a Happy Holiday that includes a brief update.

Though I can not tell you the exact date, I can say that we WILL be Running Test Bets in January! It could be late January however I’ve been assured January. We’re still lining up lots of data points with a massive, massive, massive database.

Then I want to share a brief part of a correspondence I had this morning with one of our investors because as I was writing this to him All of You were on my mind.

We’re getting ready to embark on a life changing venture. Making a billion dollars took Bill Benter 7 1/2 years just to begin turning a profit but Benter had to build a database which he did for just 2 racetracks and 2 years of data and then he had to figure out what he wanted to know, And Then Test. We Have a database that contains 108 race tracks with 9 Years of data and Already Know what we want to Know. So in January, only 13 months from the birth of our venture we’ll be firing our guns to make our billion 🙂

Most of our investors are fellow handicappers who know well of the time involved in analyzing races before making any type of decision for an investment on a bet and the program that we’ve built will take all this time away because all this will be done already.  It will then display all the best potential bets for that race day and all I will have to do is choose which ones we bet. This will still probably require about an hour a day because of scratches, weather, track conditions etc however I view one hour as a gift………  I also want you to know that we built this program so anyone can do the same in case anything ever happens to me. Ed knew and I know our venture will succeed so we made sure to have all the necessaries in place. We want this wonderful life changing event that all of us created together to continue.

That said, from now until we’re ready to test I will be completing all the necessary things pertaining to our business such as our operating agreement (defining everything, particularly the confidentiality), setting up an account where we will be making our bets and letting new investors know about the 20 remaining open shares so we’ll have plenty of money to invest in our bets.  Since the program is just about ready we’ll be asking anyone who has a balance due on their share to please send that in when you can. We’ll say it should be in by the end of January. 

The building of our betting program and the hiring of the mathematician cost more than originally projected though not Unexpected.  Since we knew that building this betting program was the only way we could ever get this off the ground Ed and I worked things out with the developers (the head developer is one of my partners in equi-stats who owns 60% of Zen Racing LLC) and equi-stats financed the rest of what was needed so we could get here.  It’s impossible to judge when building something new and especially something so detailed to be precise. So the remaining 20 open shares will be offered for a 10K investment per share.  However, if any current investor would like to invest in an additional share we will offer any amount of open shares to you first for the original investment amount of 6K per share before opening up to anyone on the outside.

Since January will primarily be a test bet month and we won’t be betting large amounts so let’s say we would have to have full per share investment money in hand by Jan 31st.    And if you know you want an additional share but can not get the investment in until the end of next month, just let me know and I’ll save it for you. Then on Feb 1 I will open any remaining open shares to the outside.

Once all investments are in we will no longer be offering any shares and our club will be our own.   Then after one year of our syndicate running, the only way a new investor would be able to get in is if one of our current investors wishes to sell their share (s) though the syndicate will have first right of refusal for that share.  The process of selling that share will be the seller would get the full amount the investment sold for and would no longer be an investor in our syndicate or receive monthly dividends or the list of potential bets and this then would transfer to the new investor. 

It’s been a tough year for all of us. But thanks to Ed and Your believing in us, We made it! And it sure looks like Next Year will be a lot better.

Merry Christmas and Please stay safe,

Susan

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Stats Info for Betting Program

Hi Members! This is Cindy – Susan asked me to post some videos for you to take a look at so you can see some of the details and information behind our current endeavor!

The video below is an example of the statistics that are being worked into our current betting module. It’s from the old edbain.com website and was produced for an unsuccessful crowd funding campaign. However, this video shows statistics calculated from the very database we are using to create the new betting program. Take a look and you’ll see what’s coming!

And just for fun – here are two videos of Ed on the TV Show Track Facts. Ed used to be a featured guest on this upstate NY OTB Racing Network Show hosted by Tom Amello and noted handicapper Nick Kling. Enjoy!

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Video of our Betting Program

Hope everyone enjoyed Thanksgiving. Wanted to get this to you so you can see the tool that will soon change all of our lives 🙂

Click the square at the bottom right of the video (next to volume control) to view an enlarged version of this video . Use the Esc key to exit full screen mode.

Apologize for the rough version of our initial betting tool video. In the process of getting familiar with this new software.

Posting this first video so you’d have a good idea of where we are heading. Plan to post additional videos over the next week and in these will give you a good idea of when we’ll be testing our tool as well as a close estimate as to when we see that we’ll be going live.

Non-Disclosure

Non-Disclosure Agreement

This Non-disclosure Agreement (this “Agreement” is effective as of May 08, 2020 the “Effective Date”), by and between Zen Racing Stats LLC (the “Owner”), of 8465 W Sahara Ave Suite 111-515, Las Vegas, Nevada 89117, and all LLC Members (the “Recipient”) where

Zen Racing Stats LLC will be sharing proprietary information with all its members, investors, and silent partners and as long as they own stock in and/or work for Owner in any capacity is prohibited from sharing, giving away, selling, showing or collaborating with to any person and/or entity outside Zen Racing Stats LLC company indefinitely.

The Owner has requested and the Recipient agrees that the Recipient will protect the confidential material and information which may be disclosed between the Owner and the Recipient. Therefore, the parties agree as follows:

I. CONFIDENTIAL INFORMATION. The term “Confidential Information” means any information or material which is proprietary to the Owner, whether or not owned or developed by the Owner, which is not generally known other than by the Owner, and which the Recipient may obtain through any direct or indirect contact with the Owner Regardless of whether specifically identified as confidential or proprietary. Confidential Information shall include any information provided by the Owner concerning the business, technology and information of the Owner deals, including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential.

A. “Confidential Information” does not include:

– matters of public knowledge that result from disclosure by the Owner;

– information rightfully received by the Recipient from a third party without a duty of confidentiality;

– information independently developed by the Recipient;

– information disclosed by operation of law;

– information disclosed by the Recipient with the prior written consent of the Owner;

– information disclosed by the Recipient with the prior written consent of the Owner; and any other information that both parties agree in writing is not confidential

II. PROTECTION OF CONFIDENTIAL INFORMATION. The Recipient understands and acknowledges that the Confidential Information has been developed or obtained by the Owner by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of the Owner which provides the Owner with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the Recipient of the Confidential Information, the Recipient agrees as follows:

A. No Disclosure. The Recipient will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Owner.

B. No Copying/Modifying. The Recipient will not copy or modify any Confidential Information without the prior written consent of the Owner.

C. Unauthorized Use. The Recipient shall promptly advise the Owner if the Recipient becomes aware of any possible unauthorized disclosure or use of the Confidential Information.

D. Application to Employees. The Recipient shall not disclose any Confidential Information to any employees of the Recipient, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of the Owner.

III. UNAUTHORIZED DISCLOSURE OF INFORMATION – INJUNCTION. If it appears that the Recipient has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Owner shall be entitled to an injunction to restrain the Recipient from disclosing the Confidential Information in whole or in part. The Owner shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.

IV. NON-CIRCUMVENTION. For a period of five (5) years after the end of the
term of this Agreement, the Recipient will not attempt to do business with, or otherwise solicit any business contacts found or otherwise referred by Owner to Recipient for the purpose of circumventing, the result of which shall be to prevent the Owner from realizing a profit, fees, or otherwise, without the specific written approval of the Owner. In such circumvention shall occur the Owner shall be entitled to any commissions due pursuant to this Agreement or relating to such transaction.

V. RETURN OF CONFIDENTIAL INFORMATION: Upon the written request of the Owner, the Recipient shall return to the Owner all written materials containing the Confidential Information. The Recipient shall also deliver to the Owner written statements signed by the Receipt certifying that all materials have been returned within five (5) days of receipt of the request.

VI. RELATIONSHIP TO PARTIES. Neither party has an obligation under this Agreement to purchase any service or item from other party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture.

VII. NO WARRANTY. The Recipient acknowledges and agrees that the Confidential Information is provided on an “AS IS” basis. THE OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION. The Owner does not represent or warrant that any product or business plans disclosed to the Recipient will be marketed or carried out as disclosed, or at all. Any actions taken by the Recipient in response to the disclosure of the Confidential Information shall be solely at the risk of the Recipient.

VIII. LIMITED LICENSE TO USE. The Recipient shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. The Recipient acknowledges that, as between the Owner and the Recipient, the Confidential Information and all related copyrights and other intellectual property rights, are (and at times will be) the property of the Owner, even if suggestions, comments, and/or ideas made by the Recipient are incorporated into the Confidential Information or related materials during the period of the Agreement.

IX. INDEMNITY. Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs and expense, including reasonable attorney’s fees, cost and expenses resulting from the indemnifying party’s material breach of any duty. representation, or warranty under this Agreement.

X. ATTORNEY’S FEES. In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

XI. TERM. The obligations of this Agreement shall survive Indefinitely from the Effective Date or until the Owner sends the Recipient written notice releasing the Recipient from this Agreement. After that, the Recipient must continue to protect the Confidential Information that was received during the term of this Agreement from unauthorized use or disclosure indefinitely.

XII. GENERAL PROVISIONS. This Agreement sets forth the entire understanding of the parties regarding confidentiality. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of Nevada. This Agreement shall not be assignable by either party. Neither party may delegate its duties under this Agreement without the prior written consent of the other party. The confidentiality provisions of this Agreement shall remain in full force and effect at all times in accordance with the term of this Agreement. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.

XIII. WHISTLEBLOWER PROTECTION. This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets; (1) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (11) in a complaint or other document filed in a lawsuit if made under seal.

XIV. SIGNATORIES. This Agreement shall be executed by Susan L. Sweeney Bain, Owner, on behalf of Zen Racing Stats LLC and Recipient and delivered in the manner prescribed by law as of the date first written above.