The USD:BTC rate remained bound within a historically narrow $90-$120 range for the period preceding HF taking orders.
That's one reason why nobody thought to clarify the then seemingly unlikely "what if BTC goes to $1 or $1000" scenarios.
The other reason was that common sense and contract law make it obvious that an item priced in USD will be refunded on that basis, and not on any exchange rate that never remains constant.
Whether you paid for your $6800 ASIC in Euros, USD, BTCs, or gold coins, there was never a reasonable basis to expect a refund equivalent to anything but the $6800 price.
Expectations of HF refunding any different amount, EG BTC worth $68 or $68,000, were never reasonable nor had any basis in common sense, much less contract law.
So what you're saying is, the promise "if you buy Baby Jet for 51 BitCoins today and it does not ship, you will be refunded the 51 BitCoins you paid" was a flat out lie? I agree with you!
[Back in the wild,wild west.]
I'll pay you 1 ounce of gold for your daughter. Not the one with a bad hip or a training bra, only the one with D cups (anachronistic references, I know) and child bearing hips.
2 months later....
I have no wife! Thats it, where is my ounce of gold?!
(The merchant response...below this line)
"Well sir, technically you gave up your ounce of gold and it was worth 3 lead bars at the time of exchange. Now it is only worth 2 lead bars. We technically only accept lead bars, therefore you will be refunded 2 lead bars."
Hey I don't want any lead bars just my ounce of gold!
"Sorry sir, we actually converted it into lead bars, so lead bars is what you'll get."
Fine, take those two lead bars and buy 1 ounce of gold and then give me that back.
"I am sorry sir, those 2 lead bars aren't worth 1 ounce of gold. So we cannot do that."
Wait, for God sakes, you said it was the same equivalent! I just want what I have given you for a wife...
"Thats the market sir, not our problem."
(Sounds familiar?)