The court considered whether the IM conversation between Soltani and Touris served as a modification of their written contract and came to the following conclusions:

• Soltani’s initial message constituted an offer to modify the contract to raise the daily limit to 2,000.
• Tourin’s response of “NO LIMIT” constituted a counter-offer to remove the daily limit altogether.
• Soltani accepted Tourin’s counter-offer with his response “Awesome!”