Octaned (“Octaned”, “we”, “us”) operates an online marketplace at octaned.us where sellers list gas stations and convenience stores for sale and prospective buyers review those listings under non-disclosure agreements. By creating an account or using the site you agree to these Terms & Conditions.
1. Eligibility & accounts
You must be at least 18 years old and able to enter into a binding contract under the law of your jurisdiction. You agree to provide accurate information when registering, to keep your password secure, and to be responsible for everything done under your account.
We may refuse, suspend, or terminate accounts that violate these terms, post misleading information, or otherwise harm the marketplace.
2. The role of Octaned
Octaned is a venue. We do not own, operate, broker, appraise, or underwrite the businesses listed on the platform. Listings are posted by sellers, and any sale is a transaction between buyer and seller. Octaned is not a real-estate broker, business broker, attorney, accountant, or financial adviser, and nothing on the platform is legal, tax, or investment advice.
3. Listings
3.1 Seller responsibilities
Sellers represent and warrant that:
- they are authorized to list and sell the business;
- all information they post — photos, asking price, financials, tax returns, fuel volumes, and UST or environmental disclosures — is accurate, current, and not misleading;
- they own or have the rights to any documents and images they upload;
- they will keep the listing reasonably up to date and will mark it sold, paused, or withdrawn when appropriate.
3.2 Discretionary review
Octaned may, but is not obligated to, review listings before or after they go live. We may remove or hide listings that appear inaccurate, non-compliant, fraudulent, or otherwise inappropriate. Removing a listing does not entitle the seller to a refund of the listing fee beyond what is described in our Refund Policy.
4. Buyer obligations & the NDA
Public listing pages show photos, location, asking price, and a general description. Detailed financial documents are gated behind a per-listing non-disclosure agreement.
By signing the NDA you agree to:
- treat the gated documents as strictly confidential and use them only to evaluate the potential acquisition;
- not redistribute, publish, screenshot, or republish those documents;
- not use them to compete unfairly with the seller or to solicit the seller's employees, customers, or suppliers; and
- comply with any additional terms that the per-listing NDA imposes.
The NDA is a legal agreement between buyer and seller. Octaned provides the template and the e-signature record but is not a party to it.
5. Fees
Sellers pay a one-time fee of $50 USD to publish a listing. There are no recurring charges, no commissions on sale, and no buyer-side fees. Fees are charged via a third-party payment processor; Octaned does not store full card details.
Refunds are governed by our Refund Policy.
6. Closing room
After an LOI is accepted, buyer and seller may invite their closers — brokers, attorneys, accountants — into a shared workspace. Octaned records messages, tasks, and document access for the parties' own audit purposes. You are responsible for what is shared in that workspace.
7. No warranty; AS-IS
The platform and all listings are provided as is and without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, or non-infringement. Buyers must independently verify all financial, environmental, regulatory, and operational information before completing a purchase.
8. Limitation of liability
To the maximum extent permitted by law, Octaned's total liability arising out of or relating to these terms or your use of the platform is limited to the greater of $50 USD or the listing fees you paid in the twelve months preceding the claim. Octaned is not liable for indirect, consequential, special, incidental, or punitive damages, including lost profits, lost business opportunities, or environmental remediation costs.
9. Indemnification
You agree to indemnify and hold harmless Octaned, its officers, employees, and contractors from any claim, loss, or expense arising from your listings, your use of the platform, or your breach of these terms or any NDA you sign.
10. Intellectual property
The Octaned name, logo, design system, and software are owned by Octaned. You retain ownership of content you upload, but grant us a non-exclusive, worldwide, royalty-free licence to host, display, and process that content for purposes of operating the platform.
11. Acceptable use
You agree not to: post unlawful or fraudulent listings; circumvent the NDA gate by extracting documents through automated means; harvest user data; harass other users; reverse-engineer the platform; or use the platform to solicit users for unrelated commercial purposes.
12. Changes to these terms
We may update these terms from time to time. Material changes will be posted on this page with a new “Last updated” date. Continued use after the change means you accept the updated terms.
13. Governing law
These terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules.
14. Arbitration & class-action waiver
Please read this section carefully — it affects your legal rights.
Any dispute, claim, or controversy arising out of or relating to these terms or your use of Octaned (a “Dispute”) shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration is Wilmington, Delaware. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.
Class-action waiver. You and Octaned agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not preside over any form of representative or class proceeding.
Exceptions. Either party may bring an individual claim in small-claims court if it qualifies. Either party may also seek injunctive or equitable relief in court for infringement of intellectual property or breach of confidentiality without first invoking arbitration.
Opt-out. You may opt out of this arbitration agreement by emailing legal@octaned.us within 30 days of first accepting these terms, with the subject line “Arbitration opt-out” and your account email. Opting out does not affect any other provision of these terms.
If any portion of this section is held unenforceable, the remainder remains in effect, except that if the class-action waiver is held unenforceable as to a particular claim, that claim shall proceed in court rather than in arbitration.
15. Contact
Questions about these terms? Reach us at legal@octaned.us. Also see our Acceptable Use Policy, Broker Disclosure, and Security overview.