Month: March 2023

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Need Your Assistance

Evening all,

Amazingly I am still here and beyond time anticipated. Though I’m noticeably fading. I think my presence has everything to do with the positive energy from all of your prayers and from some well thought out heart given gifts from friends who know me well and understand my approach to healing is holistic. I’ve been gifted with such things as earthing blankets and bio-healers and I can’t thank you enough.

Because the majority of Zen shareholders wish Zen to continue I’ve done everything I can to make this happen which has included my personally staying at things even though this hasn’t been physically easy.

We, my assistants and myself, have been working regularly on readying products to sell, statistics derived from my equistats database through edbain.com, with the Trainer-Jockey Exacta report as the primary yet even though this in our past has been a popular report, it’s been about 5 years since Ed and me sold a product and because I’m personally not in shape to re-establish sales, things have been slow. Since this will take time to reestablish, what sales we’ve had to date so far hasn’t been enough to cover operating costs so Everything Zen had in our betting account has been used to fund our continuance since August of this past year. There hasn’t been enough sales to cover our overhead to date and as recently shared I went all in to get Version 2 out so we could show proof of concept essentially means I have Nothing left, no backup funds to keep us going.

Which brings me to the reason I write. I know my presence is limited. I honestly am amazed I’m still here though when you are my person believes it’s for a reason. A purpose that hasn’t yet been fulfilled and even though we’ve made it through today, by ends month, actually by next week, we will no longer exist cause I do not have funds in hand to pay for the necessaries to cover for this which is why I write.

We need $2K in hand by end of this month ($1K by this coming week) to stay afloat and then on average the same amount each month after. Without pulling together and funding this we’re essentially down and the betting program will cease cause we won’t be paying for the essentials to keep us going. So I view this as one of the main reasons I’ve remained.

I received a text message yesterday from Onder Law, the law firm handling Ed’s and my Camp Lejeune lawsuit case about an update pertaining to my case and about a packet on it’s way asking for some additional information pertaining to Ed’s case. They expect a settlement, possibly by the end of this year and no later than 2024 which was a surprise and given the cancer Ed suffered through it’s anticipated we’ll be awarded between $600K to 1 Million 200K of which the law firm gets 40% for their representation.

Because of my diagnosis I am well aware that I will not be here when these funds are awarded, though if I were I’d be sure to first pay back all investors that participated in raising funds to keep us going with the remainder going back into Zen with the exception of keeping enough back to keep things rolling while waiting for the venture we began together reaches completion.

To date there have been 3 shareholders who have helped keep us moving forward and because they did, we’ve made it here, to today. Yet the reason for my message is we’re out of funds and while doing everything we can to get products ready for sale that will compensate towards this, it’s not here now and without shareholders help now nothing we’ve built to date matters because Zen will be no more.

I can’t be anymore direct.

Continuing what we began and getting this to fruition can happen with your help and the following explains how by doing so you’ll be compensated and doing so will not require a large amount up front.

Option: buy an additional share in Zen. My other company equistats moved 4 shares over to Zen. So instead of equistats owning 60% of Zen, they now own 56. The investment for these shares is $7K and this can be paid over time, throughout the year, only we require some of this now.!

This investment is the same as our other Zen Racing shares meaning that when we reach the point of paying dividends this additional share will be added to any current share you own. So if you own 2 shares in Zen and purchase another share now, when dividends are paid you’d receive dividends on three shares instead of two.

You can send any investment amount towards this through this link on our website:

https://anyhorseplayersoutthere.com/shareholder-overhead/


Please continue to use this link to make all investments towards a share throughout this year.

The most difficult I faced is not seeing us through to fruition. This venture is at the core of Ed’s and my being yet I’ve come to realize that setting up the foundation is almost as rewarding cause the main algorithms are in place and things only get better from here.

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.