We published a shipping windows between Point A (end of Oct) and Point B (Dec 31) and committed to issuing full refunds if we ship outside of this window (IE after Dec 31).
Actually, you'll be "committed to issuing full refunds" if you miss the self-imposed October 31 timeline, per FTC rules. This forum is all too familiar with these rules, having done battle with BFL, PayPal and others. If anyone should be speaking to an attorney, it's Hashfast.