The offer for refunds was made at the end of a long period of ~$100 price stability. The spike to $1000+ was unexpected and unfortunately timed for those of us who had just used BTC to purchase ASIC pre-orders. Sorry you didn't get the 'windfalls are not legally actionable claims' memo months ago, like the rest of us (who wish they were not).
This isn't some politician promising to end poverty and failing to accomplish that promise. This was a crucial term of sale. HF had no right to break that term of sale simply because it was "inconvenient" for them.