Does not apply. Like I said, provide some caselaw to the contrary. Otherwise you're just being an armchair lawyer that has no understanding of the actual legal system.
"Only two more weeks" did not become a phrase because you said it once.
Fair enough, please provide proof to back up your claim. I already asked for this, you've still failed to provide it.
If refunds were so easy, you wouldn't have had several lawsuits, forced paypal/CC refunds, and customer complaints.
The lawsuits are for people complaining about not becoming millionaries in 3 weeks by mining, not about refunds. Check your facts. The lawsuits have never been about refunds.
It becomes an ethics issue when you advertise the competition as $17.50/GH.
Which was true when the advertisements were created.
1. (monarch) The fastest and most power-efficient Bitcoin miner yet
True at the time and pretty much still true now. Which miner can achieve .45W/GH efficiency currently? Is there one? Not saying there isn't, but it's not an unrealistic claim.
2. Butterfly Labs has shipped more ASIC products than all competitors combined
True, although I might grant that if you include the ASIC miner USB sticks, they might have more units shipped than we do. If you do not include those, then yes, it's absolutely true.
3. Our facility in Kansas has the largest production capacity of all Bitcoin hardware manufacturers.
Absolutely true. Any of the other large scale manufacturers outsource their production capacity to other companies.
4. The Competition at least $ 17.50 /GH
Already addressed above.
5. 65nm ASIC chip is now powering the majority of the bitcoin network
Was true at the time of the advertisement creation.
6. The bottom line is that BFL is the only 28nm chip manufacturer on its 2nd generation ASIC
Was true at the time of the advertisement creation.
7. All manufacturers in this space have experienced some degree of delay with their first generation ASIC
Still true.
8. 28nm products won't begin shipping til year end
Believed to be true at the time. Where do you even see this?
9. (monarch) plan to begin shipments in February, 2014
How is this false? That was most assuredly the plan.
10. Orders are shipped in order date priority so any order placed now should be expected to be delivered in March.
Also true.
11. We are pioneers of the industry - having manufactured the first commercial Bitcoin mining hardware.
True statement. How is this a false advertisement?
12. November / December Initial Shipping
True at the time.
13. still on track for December/January
True at the time.
14. As we enter the 28nm era, we're the only competitor with a proven ASIC design in the field.
True at the time.
15. Tape out August 2013
True.
16. Gen1 65nm asics will be around 1w/gh
Believed to be true at the time. Customers offered full refunds if they were unhappy with the new specs.
17. BTC mining, being a zero sum activity, makes it viable and profitable to get as many people to cancel their orders as possible, so your position improves
Are you seriously trying to say this is false?!
18. We are so confident in our power consumption that we are offering up 1000 BTC to charity if we miss our power consumption targets by more than 10%
And this is false how?
19. Everyone should be aware of the fact that you are allowed to upgrade 1, 2, 3 or 4 Jalepeno's to 1 Single and keep your place in line
False how? We did exactly that.
20. Individual orders that are less than 6 months old and that paid for the reduced price 600GH or 300GH Monarch will likely not be delayed past the expected delivery date
This is false how?
21. We have developed the most technologically advanced, most power efficient mining chip on the planet by a factor of two.
Most definitely true at the time.
22. KnC's new 20nm chip isn't even close to our 28nm chip in terms of performance.
I suppose close is relative. At .7 W/GH vs .5 W/GH, I'd say you could classify it as true.
23. I have spoken with Theymos, the operator of Bitcointalk, about this and I have his full knowledge and permission to perform this experiment
This is not an advertisement. But regardless, it's true and Theymos confirmed it himself on these forums.
24. plan to begin shipments in March 2014
Absolutely true.
25. However, this is our second generation, so we have much greater clarity on the process
Not really an advertisement, but regardless, it is true.
26. meaning the deployment of the Monarch will be delayed about 5 weeks from now
Believed to be true at the time.
27. it is possible we will begin shipping limited quantities by the end of the week of the 21st(april), it's more likely we will begin shipping the following week, assuming no blocking issues arise.
Absolutely true.
28. our mining chip is more than 2x efficient than any other chip out
True at the time.
29. The Monarch product line is essentially 3x - 5x more efficient at any comparable hashrate than the competition
True at the time.
Wow... you are 0/29, ouch!