The more BTC grows, the latter we will see anything, there is nothing we can really do about it. My 5BTC trowaway-lawyer found is now worth 2000$...
Why not start the arbitration process? You are bound by it anyways and it's less then $2000
This. You agreed to arbitration in the TOS. A judge sees that and he is going to throw your case out of court a long with a big lecture on following the terms of your contract which means arbitration first. Any competent counsel will tell you the same thing, of course they will charge you $300/hr for the exact same advice.
I purchased manually via phone / email while the website was down on the 10th and was never shown any legal terms prior to the sale only the "delivery expected Oct. 30th!" promises. If I were HF I wouldn't count on those terms being enforceable for customers like me who weren't given a chance to review them at the time of the sale. In my case that document was sent to me over a week after the sale had been made.