it's probably you are trying to use texporter for MAX3... Please delete all texporter*.dlu files from your MAX folders, download texporter for max4 here and install it... Make sure that you don't have any dublicate texporter.dlu files in any of the max plugin paths.
thanks for the quick response. I ended up wondering if the pathing issue was amiss, and re-extracted it into the folder... same file tho, 3_4.. overwrote the old one.. and it worked. not sure what was up, maybe my original was corrupt. anyway thanks =)