Sorry, Christine, but s2Member isn’t at fault, so it doesn’t really apply per the policy.
s2Member® » Terms » Refund Policy
s2Member® » Terms » Service & Support Policy
You can email Jason via the contact form (enter fake login info) if you want, but he’ll probably point you to the refund policy again after studying your situation.
I think you should be insisting to the theme’s developer about fixing that issue, though. Or post a job in a site like jobs.wordpress.net for a freelancer to take a look at your theme and fix the issue, it should be simple for a decent developer and not cost much or take long. :)