Happy New Year

Happy New Year!  This year has a really good chance of changing all of our lives in a positive way.

I asked our head developer to give us an update to know what we can expect and here is his reply:

There are three outstanding items that need to be completed before we can start testing:

1. Finish building the analytical program. This is being handled by Nick (our mathematician), who is writing the program in a language called Python, which is ideal for computerizing complex mathematical algorithms, such as the ones used in the Benter (aka Logit) model. Note that this program runs behind the scenes and is never directly accessed by the user; it produces an intermediate digital format that is unreadable by humans and must be interpreted by another program, like the Explorer. An initial draft should be arriving shortly, but revisions are expected in the near future as the refinement process continues.

2. Integrate the analytical program into the Explorer. In order to display the digital results, the Explorer must be modified to interface with the analytical program. However, since the Explorer is written in a language called C++, customized translation code needs to be implemented to enable the Explorer to “talk” Python with the analytical program. Once this has been completed, we can start a preliminary round of testing. Work on this will begin after the initial draft of the analytical program has been completed.

3. Improve database accuracy. This is an ongoing activity, and the one I’m concentrating on the most while waiting for the analytical program. Currently, I’m focusing on resolving the issues you (me) had pointed out earlier (eg. cycle-counts), but will soon start working on adding the missing fields, like the Owner and the race times. By the time the Explorer has been updated, the database should be in good shape to provide accurate, albeit unrefined, information.

The major part of building our betting program is complete so the above mentioned should be ready for us to test by the end of this month. The Operating Agreement will be ready the latter part of the week of the 18th and currently I am working towards adding additional investors. As expected we have a bit of interest in our venture because the program is almost complete.  It is important for anyone who has money due towards their investment to send this to us by Jan 31st and anyone who wishes to invest in additional shares should let me know of your interest as soon as can even if you plan to send the investment in at a later date.  And should anyone know someone who would like to invest in our venture we will let them in at your referral for the initial investment amount of 6K though this investment would have to be in hand by Jan 31st.  After this date all open shares will be offered for more, 10K.

So many people have been diagnosed with Covid that the percentages said it was inevitable for each of us to know someone who has been affected.  Then right before Christmas my Dad’s last living sibling, his sister (my Aunt Jeanne) who was 17 years his junior passed away from it and then last week a second cousin of mine was hospitalized and she too just passed away.  Also one of us, one of our investors has Covid. His wife let me know. He isn’t hospitalized though he’s quarantined and expects to recover so hopefully this positive news about almost being ready to go will aid towards his recovery.

We’re so close.  Please stay safe and well so we can enjoy when we “Let em roll at the quarter poll…” And Let’s have a Great Year!

Came across this photo taken of Ed when he used to manually enter his stats. This was taken after we came back from a trip to Santa Anita which we used to do every year for opening day 12/26. He’d collect all the racing forms while we were on a trip and when we arrived home he would stay at his desk until all the recent stats were entered. And yes, we did have to bring an extra suit case to carry the forms home.
Had to share this one too even though this photo it is really shabby. It got this way because I used to carry this in my purse. Ed’s office was upstairs on the 3rd floor of our home and mine was down on the 1st. We kept the coffee on the second floor so it was in the middle. Though we could have purchased a coffee maker for each of us I didn’t want to because I looked forward to his bringing a cup of coffee to me in my office every morning.

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

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!

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.

The Betting Program

Good Evening. Was all ready to show you where we are with our betting program when I downloaded the screen record software and everything recorded fine except for the Sound. Apparently there are some settings that we need to adjust and am waiting to hear back from the software company about this. So rather than keep everyone in suspense I’m uploading the video of our program Without Sound. Then next week my assistant will be here spending Thanksgiving with me and at that time we will add the sound. Just want you to know that we didn’t forget and even without sound you will be able to view the progress to date.

Just remember everything is Track specific, Class specific, Distance specific, Surface specific as well as Field Size specific And most of the algorithms are Not set yet which is the reason you won’t see a lot of stats. We are shooting for and are on track for going live some time in January. Prior to this we will be doing test bets.

Here’s the link to the betting program without voice: https://anyhorseplayersoutthere.com/wp-content/uploads/2020/11/Convert-sample-Betting-Program.mp4

Will be back in November

Morning everyone,

Wanted to let you know that because of covid and with my family all living on the east coast facing their own underlined illnesses that I have had to handle everything involved with losing a loved one alone.

It’s only been 8 weeks since Ed has passed and last week was the very first time that I’ve had the chance to truly mourn my loss, my love, my life, my best friend, my soul and I honestly need to take at least another week to process this major loss in my life.

Things continue to progress and I’ve been having a lot of back and forth with both the programmers and the mathematician and with these interactions our betting tool continues to evolve. As I see it (this is me talking, not the developers) we’re about two weeks away from being able to show you the progress and at that time I will set up a go-to-meeting to show you the tool and what we’ve accomplished so far.

My life with Ed has been an adventure, an actual whirlwind right up until the end. With this came a lot of great times, tough ones faced with adversity because we dared to innovate along with exhausting times, especially at the end.  

I understand that we are sitting on something really big which is why I pushed through all the things I am personally going through to post the last update with the screen shots as soon as the programmers had the base of the tool available.

And now in order to be all I can be for our venture I need this brief time just to grieve and sincerely hope for your understanding.

Please Stay Safe. Look forward to being in touch soon,
Susan

Get Ready to be Dazzled

I’ve been looking forward to sharing these screen shots of our betting program with you so everyone can visualize the progress we’re making. Note the base algorithms of the 4 race form cycles are already showing some statistical results. Seeing this makes us anticipate the day when our module is ready to roll, though not far off, we anticipate we’ll be running tests some time in November. Though there is a great deal accomplished already there is still quite a bit to do; algorithms to build, formulas to write and to test, most of which will be at the hand of the mathematician.

Understanding we’re all anxious to move forward we chose to build the module in stages so when Stage 1 is complete we will be able to test the model and then right after validation (which could take a month) we will be able to go live, making actual bets. Stage 2 will add in more stats that were not included in Stage 1 and so on. Building this is similar to Microsoft building Windows. First they debuted with Windows 95, then Windows 98, then Windows XP, then Windows 7 and so on. We were able to use our computers when Windows 95 came out and continued to do so with each new improved version and the same will apply here.

One of the things that Ed and I have come to realize about software developers is that they are ALWAYS off when they relay time tables as to when things will be accomplished. I say this so you will know that when I share their answered time frame, I can only relay what they relay to me. To make sense of why this is, though this seems a funny example, it is a true representation. The following is a photo copy of Ed Bain’s brain:

and this is what the programmers must comprehend in order to build this program for us.

Now on to the Dazzle

This is the base of our Betting Module. When selecting Race Index date to the left the right displays a corresponding summary of what will be the best potential bets for this selected race day. Click directly on each photo to enlarge.

Click photo to enlarge

The first column is the Rating. Every horse in every race will have a rating determined by the conditions of today’s race and the end result is a hierarchy of how each horse is expected to perform to the algorithms applied. The program is designed to do all the culling for us. When the program is complete we will be able to go right to the Index for each race day and this will only list the runners who have a huge advantage over any other runners in that race. (Right now the index is pulling up every runner with a high number. We let the stats show so you can visualize what will soon be).

Click Photo to enlarge

Next to the rating is the information pertaining to that race, Track is the race track Abbreviation, the race Number, the race Post Time, the race Class, the Horse’s betting number and name and then the horse’s Age. Currently missing but soon to be added is the surface.

Click Photo to enlarge

This next screen shot continues across additional fields displayed in the index which include today’s Jockey, then today’s Trainer, then today’s Owner. The next field labeled Jky/Trn Stats will list specifically how today’s Jockey performs with today’s Trainer, and the Trainer Stats field lists how today’s trainer performs. All stats are specific to today’s track, class, distance, surface, and field size.

Click photo to enlarge

Though the index displays and links to the best potential bets for that day, we will not be betting every one. I will click on each one to easily review the potential bet. For this sample I chose to click to a race that you’ll note in the photo following is one that shows a large gap in the Rating hierarchy.

Click photo to enlarge

The first horse has a rating of 94 and the next best rating is 73 so you can see why the algorithms selected this race.

Click photo to enlarge

Next post we’ll take a look at the races by track and the information displayed. Then in a few weeks when we get further along we’ll set up a go-to-meeting so everyone will be able to see the betting module in action.

I want to thank everyone from my heart for your warm notes and for sharing with me what having Ed in your life has meant to you. I especially want to express how much now more than ever what your patience with allowing me this time to grieve means. Tonight it’s been 5 weeks since Ed’s passed and I feel the loss as much as if he just passed today.

I plan to post in spurts instead of trying to get to everything all at once. I have daily correspondence with all involved. Not unlike people building a house staying in constant communication with the architect and the builder. I have to let you know that sometimes it will take me a little time to get the updates to you. This is only because I am honestly drained, physically as well as emotionally. Though I will soon have some relief as I’ve just hired a much needed assistant who will assist me along 🙂

I put a copy of Ed’s 4+30 Book and my Signers Book on the site. Would like everyone to have a copy. You can download the pdf by clicking on the links with the same name at the top of each page.

Re: the aliasing mentioned in the last post. Wanted to clarify that aliasing is something that we will always need to do because every entity in racing has multiple ways their names are entered. The big challenge is initially since every name has this aliasing required. That said we’ve just about finished tackling the Jockey’s and the Trainers which is all we’ll do for Version 1. In later versions we’ll alias the Owners since they are more difficult to do.

Not sure everybody has a copy of the Bill Benter article so just in case here is a copy in pdf:
The Gambler Who Cracked the Horse Racing Code

THERE IS NO BETTER FEELING IN THE WORLD THAN BEING LOVED BACK BY THE ONE PERSON YOU TRULY LOVED. I HAD THIS GIFT FOR 30 YEARS.

These were the last words Ed spoke to me before coming in and out of consciousness, two weeks before his passing. And these are the words that I am holding on to today and every day I move forward because these will get me through this almost completely unbearable time of my life.

Ed’s powerful expression to me was so thought out, even in the midst of everything he was going through he chose his words carefully, said them to me in the exact way that I needed to hear them so I would be all right. Just a small sampling of how we were together. Whenever I did not know exactly what to do, what decision to make or how to get passed something that may be addressing me in a difficult way, Ed words made me think about the direction I needed to take and when he did this, I’d be able to choose a place I needed to go.

During these two weeks of mourning, missing him so badly that it hurts more than any illness I’ve fared, of feeling each day that I don’t know how I can face another day without him at my side, I hear his voice clearly in my head. He says “It’s OK to mourn, it’s OK to cry but keep going, keep taking care of our kitties...” and when he says this he includes the best ways to keep the litter box clean. He says it’s now up to me to fulfill his life long dream, what he and I’ve worked on in our shared lifetime together. To complete this venture; finish building the betting program including his thoughts, including his statistics. He said Benter made a billion dollars with limited yet focused data from a database for just two racetracks in Hong Kong. We have track specific extremely focused data for 108 total racetracks in the USA and Canada and where Benter probably built a million algorithms for his betting program our betting program will have at least 108 million more.

And from these words I sit still, listen, meditate to an even pace, and then laugh out loud about how Ed always made sure I was aware of the important fact that he cleaned the littler box better than me and smile because I finally realized he is still with me, he continues to keep me going just in a different way…. he is now in my head.

In 1998 Ed and I lived in a house that we paid cash for from a combination of winnings from the racetrack and from a small recycling brokerage company that we managed and owned. This business required a great deal of capital because we had to pay for the recyclables we purchased for the paper mills up front while the mills we sold to had terms of payment of 120 days. To fund this Ed and I put our home up for collateral to obtain a business line of credit. This loan required a zero balance of at least 30 days within each year and at this time was vastly approaching the annual date due. If we did not accomplished zeroing out this note it would be called in and we were were at risk of losing our home. It was then when Ed said “Santa Anita has a carryover in their pick 6 today, why don’t you put $100 into your betting account, relax and take a look at it!”
Well……….. we hit the pick six at Santa Anita that day. It paid $88,411.00, $67,000 after taxes and we drove to Ladbroke race track (the hub that took in all the youbet online bets) in the middle of a blizzard and picked up $67,000 in cash given to us in brown paper bags. We never would have hit this pick 6 had Ed not said for me to put the money into my betting account and we used the winnings to zero out our business line of credit!

When saying there is no better feeling in the world than being loved back by the one person you truly loved, Ed is also that person for me.  And wherever he is right now, I know I will be some day but until that time this love of ours has not stopped and this shared bond lasts forever and knowing this within my core being lets me know that I can move on and everything will be OK.

And to be OK means finishing his legacy where he left off and because of his careful and precise preparation, and all his feelings and thoughts he’s left inside my head, I am certain that together we are going to accomplish this.

SOME GOOD NEWS

https://anyhorseplayersoutthere.com/wp-content/uploads/2020/09/Explorer-Tool-3.jpg

For larger view click on the link above

I took the above screen shot so you can see the progress we are making on our betting program. Over the next week I will be filling you in on all the details. We’ve made a lot of progress though there is still a ways to go. We have 108 racetracks that we daily enter data for, including future entries and everything, and I emphasize everything has to match up. So there is this process called Aliasing which means a jockey, a trainer or an owner will have multiple entries under different names. As an example the jockey John R. Velazquez will be entered in our data base as J.R. Velazquez, or J Velazquez, or Velazquez, J.R. or Velazquez, J or Velazquez, John R or Velazquez, J and all these names have to be matched up. In addition there are several other jockey’s with the same last name and also with the first initial of J so when we match up the aliasing (which is something Ed and I do (did) cause we know who is who it just takes time to cull through. Multiply this by every jockey, every trainer, and every owner and you can now see why this takes time. In order to have accurate stats they have to be accurately applied to the correct person and because we’re going to be betting lots of money accuracy is essential. Then each entity has to have an algorithm applied so the program will tell us who has an advantage over who each day and then it will be up to me to choose which ones we actually bet.

Realize the most essential thing to our success is accuracy and building this program that will tell us what to bet is something that just cannot be rushed. More than anything we know you know how we wanted to have this done before Ed passed but even as much as it hurt to wait in hope that this would be here before he passed he knew and always said to do this right it can not be rushed along. Though with that said we are probably closer than you may think.

Touching Base


Belated Happy 4th to everyone. 

Susan and I wanted to touch base because there is a lot of quiet time during the building process of the betting program.  We did experience some delay due to the pandemic though we’re still on track and making a lot of progress. 

Our most recent accomplishment has been securing the database, the data tools, and storage center. Basically everything connected to our project and since we’ve been on the receiving end of cyber break ins in our past our security is similar to the ones financial institutions take. 

Currently we are in discussions with the mathematician. There are specific tools that the programmers are building that have to be in place regarding the input of the data from the database and equations so we are unable to put the mathematician on board until these are complete. In our most recent discussion with the programmers we should be ready for the mathematician around the second week in August.  We won’t know how long it will take the mathematician to do his work though he will give us an estimate when we’re closer to being ready.

Once the mathematician completes his work the programmers say it will take about another month to have the module ready for use.  From here we will run tests.  Not making any actual bets yet, first to confirm the accuracy.  We do expect adjustments will have to be made as this is a normal part of the module building process. Can’t say how long this test process will take.  We’ll have a better idea when the module is ready.

There’s a lot going on in our world.  Hope everyone is doing OK, healthy and staying safe.  Susan and I continue to take all necessary precautions. Looking forward to the day we go live.

LLC

Ok…… we’ve formed the new LLC for our horse racing venture called
Zen Racing Stats

What happens next?
All investors should download and complete form W-9 and mail completed copy back to us for tax purposes. This and any open investment should be in hand when the betting program is complete and at that time we will issue the stock certificates. All investors who have already invested in full will receive their stock certificate(s) right after we have the completed tax information in hand. Once complete please mail W-9 to equistats c/o Ed Bain 1257 Oak Village Ave, Las Vegas, NV 89183.

Everything is going well with the programming. It’s taking the expected time. Like you, Susan and I are anticipating it’s completion and are looking forward to the day when we will soon be making live investments.

Stay safe and well. Will be in touch when there is new news to post.
Let em roll at the quarter poll,
Ed and Susan

Please be sure to snail mail completed form. W-9 contains sensitive information.

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.