That isn't always true. You haven't received your product, your rights as a consumer are different than if you had bought and received something under a term of sale including arbitration. Hashfast will try and ship you something, because then they have completed the sale process and you would be suing for damages because of the late shipment. That part would probably be stuck in arbitration. They may currently be guilty of criminal fraud, and the arbitration won't mean a damn thing recovering damages if they were found guilty. Anti SLAPP laws in CA will prevent them from trying to sue the victims of their breach of contract for libel.