There is NO reason to "hide" under any defense and no the 8K isn't filed just to say whatever as if it's just some advertisement. It's a material event. It's filed for a specific reason and it was explicitly clear. So BS to the continuation of the DISCLAIMER nonsense as if that takes precedence somehow which it does NOT.
The 8K was crystal clear.
It's easy to say they should have been filed at one time and another no. Many OTC stocks never even both to file an 8K to begin with.