I bought it just over a week ago and the store has a 30 day return police, and I'm a pretty good customer. So it'll go back to the store, I'll send them a note about this issue and maybe they will send it back to you.
I'm using it on a show that has a short run, we preview tomorrow and close Sunday. I'll fiddle with it a bit more over the next few days, but realistically it will probably just go back to the store. Between this issue and not being able to consistently work pressure latch or pressure evenly it becomes just a glorified, hard to program series of buttons for me. I work all the time here in Toronto, mostly in theatre, and only do the solo accompaniment a few times a year. The amount of fiddling/programming time I've put into both shows makes me think I'd be better off with a couple of logidy umi3's instead, or just using the Softstep v1 I've still got, which I can run as expression pedals more reliably though that one sucks as a basic on/off or momentary switch without the centre sensor.