Help, can't import animation into unity

I have a character with a run cycle in 3ds max, the character is using a custom rig (bone tool, fins, IK,FK etc.)

the character is importing into unity but not the animation, also in the inpector, the "bake animation" option is grayed out

this is all so confusing and getting really frustrating

any help?

[ATTACH=CONFIG]52050[/ATTACH] my rig with the controls

[ATTACH=CONFIG]52051[/ATTACH] my FBX settings

[ATTACH=CONFIG]52052[/ATTACH] FBX warnings

[ATTACH=CONFIG]52053[/ATTACH] Unity inspector (Bake Animation) grayed out for some reason

[ATTACH=CONFIG]52054[/ATTACH] Unity inspector second half